According to the Supreme Minister, this change occurs “according to immediate interests”
The Minister of the Supreme Court (STF) Flávio Dino stated on Thursday (8.MAI.2025) that the OAB (Brazilian Bar Association) alternates between a public and a private profile, “According to immediate interests“. The statement was made in the trial on the constitutionality of registration in the OAB for public lawyers.
“About this hybrid nature of the OAB, why does this have an incidence in this case? Why this ‘sui generis’ of ‘sui generis’ implies this double face, sometimes public, sometimes private, which deserves a sewing that leads to a certain internal consistency. The impression I have is that sometimes the OAB, according to immediate interests – and there is no critical note around the word ‘interests’, [são] Legitimate, immediate interests – sometimes defends the primacy of its public face, sometimes defends the primacy of its private face. And this is not, in my view, very coherent”Said the Supreme Minister.
According to Dino, the OAB acted beyond corporate defense. This, according to him, no longer occurs. He quoted Raymundo Faoro, who presided over the Federal Council of the order from 1977 to 1979. He also spoke of Eduardo Seabra Fagundes, who held the position from 1979 to 1981.
Dino said the OAB, at that time, “Indeed, an function was a function beyond mere professional inspection council ”. The court minister stated: “Maybe it’s not like that at the present moment.”
The Supreme Court suspended on Thursday (8.MAI) the trial after Dias Toffoli asked more time to study the case.
The theme is analyzed in, in which the OAB disputes a decision that allowed a member of AGU (General Advocacy of the Union) to act without registration in the section of the entity in Rondônia.
In the plenary, the Order argued that there is no difference between public and private law.
The case has general repercussion, which means that the thesis to be signed by the STF should be followed by other courts in similar cases.
The rapporteur of the case is Supreme Minister Cristiano Zanin. According to him, the private lawyers law is different from the one for public law. In the case of lawyers and public defenders, it is not mandatory to register with the OAB, as the authorization to act comes from the entry by public tender.
The understanding was followed by ministers Roberto Barroso, Gilmar Mendes, Alexandre de Moraes and Flávio Dino. Ministers Edson Fachin, André Mendonça and Nunes Marques diverged.
In addition to Toffoli, Minister Cármen Lúcia remains to vote.
