The approval of a candidate at the 42nd Examination of the (Brazilian Bar Association), mandatory for those who want to exercise law in the country, placed the institution in an unprecedented situation described as “legally delicate, historical and sociologically sensitive”.
He received the Certificate of Approval on the Order Exam on March 28 and formalized the application for registration three days later. It sent the personal documents, the lawyer’s transcript in law, completed in 2001, and the negative certificate of criminal record.
As the law firm is prohibited to active military police, he also sent publication in the Federal District Official Gazette last year that confirmed his transfer to the remunerated reserve of the DF Military Police, which reached the highest rank of Colonel.
Since then, the OAB card bumps into a point that did not appear in the General Regulation. Former coordinator of the Federal District Military Police Operational Department, Naime is a defendant in the (Supreme Federal Court) for scammer attacks of January 8, 2023.
The colonel’s saga for the registration began to gain body in April, when the Federal District Section Selection Committee requested the processes in which it appears as part.
Naime sent a letter to the OAB in which he reported being a party in the ongoing criminal action against seven DF military police – judgment already and has no new date yet.
The colonel said he is innocent and that, even on a license on January 8, he returned to work, avoiding “bloodshed” by assuming the control of the PM troops – agreement, he argued, with the OAB General Regulation, the Constitution, Human Rights, Social Justice, the good application of laws and the rapid administration of justice.
“His performance never told democracy and did not violate any ethical or legal principle, on the contrary, he reaffirmed his commitment to the Democratic Rule of Law and the Republican values, consecrating him as State Police and not government,” he wrote.
In May, however, the selection committee stated that the situation was exceptional, admitted that it could not decide on the request and called the Full Council of the Federal District section.
The opinion signed by the rapporteur Gabriel de Sousa Pires stated that “the applicant presented all the necessary documentation to the regular instruction of the request” and that “there is no news of any final criminal conviction, thus prevailing the presumption of innocence”.
Nevertheless, he said that because of the action related to January 8, the case “involves matters of high complexity and institutional repercussions” and requires “prudential interpretation of the requirement of moral suitability” provided for in the Law of the Law.
“Moral suitability, as well known, is an indeterminate legal concept of a valuative nature that must be measured based on objective criteria, but also from ethical and institutional perspective. Its analysis demands, in exceptional situations such as the case, deliberation of the maximum collegiate body of the sectional,” says the opinion obtained by Sheet.
“This is a legally delicate case, historical and sociologically sensitive, whose examination requires greater institutional amplitude, especially in view of the absence of similar precedent within this Commission.”
The reserve colonel’s wife, Mariana Naime, states that the OAB ignores the principle of presumption of innocence provided for in the Constitution. Mariana says the request has been delayed without clear justification and prevented her husband from reconstructing professional life.
“Despite being regularly approved in the Examination of Order, with all the documentation delivered, without any final conviction and filling all the criteria provided for in the notice, OAB-DF continues to refuse to deliver its lawyer card-which prevents him from exercising his professional life after 32 years of good services provided to DF-a law guaranteed by law.”
“The negative has no legal basis. On the contrary: directly hurts the constitutional principles of the presumption of innocence, free professional practice and isonomy among the subscribers. The situation is being administratively delayed without clear justification, with the process being transferred from sector within the institution.”
Mariana also sent to the report the case of a lawyer who signed a non -criminal agreement for participating in the attacks of January 8 – therefore, reaching the commission of crime.
Sought, the OAB-DF stated that the Naime case is awaiting judgment by the Full Council and could not comment. The institution did not say when it intends to judge the case.
Naime is one of seven military police officers on January 8. The criminal action, reported by the minister, was postponed three times: first in June and then in August, when he entered and left the virtual plenary agenda twice.
