The minister questioned the performance of the Brazilian Bar Association due to criticism of the STF
A Brazilian Bar Association (OAB) responded this Friday (24) speech by minister Gilmar Mendesof the Federal Supreme Court (STF), on the performance of the institution during an interview with Globo newspaperon Wednesday (22).
In the interview, the judge was asked about his demonstration in favor of Judicial Reformproposed by minister Flávio Dino. Gilmar Mendes said it was the ideal time to discuss the topic and stated that there were several problems in the performance of the Judiciaryas an example, the OAB was cited.
“The São Paulo OAB has been highly critical of the Federal Supreme Courtbut we can also ask the question: what has the OAB done against fraud perpetrated by lawyers?”, asked Gilmar Mendes.
In a note, the OAB said that “Yes, it investigates, prosecutes and punishes lawyers who commit ethical and disciplinary infractions”. The Bar Association stated that it carried out the procedure through its “proper and legally appropriate route” for any “ethical-disciplinary process”.
“If such measures do not always gain external publicity, this is not due to omission, tolerance or leniency.. It arises, on the contrary, from the legal model adopted by the Law Statute, which imposes confidentiality of processing of these actions until its completion”, declared the OAB.
The institution added that the “ethical-disciplinary process” lends itself to responsible investigation of facts and, when applicable, the effective application of the corresponding sanctions“.
“If Your Excellency has specific news of conduct potentially incompatible with professional ethics, the Order, as it has always been, remains at the willingness to receive pertinent information and provide appropriate institutional referral“, said the institution.
Read the full OAB note
“The Board of Directors of the Federal Council of the Brazilian Bar Association and all the Presidents of the OAB Sectional Councils respectfully address Your Excellency due to a statement made in an interview given to Jornal da Globo, on April 22, 2026”.
“The OAB naturally welcomes the provocations typical of public debate. In a democratic environment, observations, proposals and considerations about the functioning of the Republic’s institutions — including the Judiciary — should not be taken as attacks, but as legitimate manifestations of institutional participation and commitment to improving public life.”
“It is precisely in this spirit, and with the respect that this House has always devoted to the Federal Supreme Court and its ministers, that the Order understands that it is its duty to respond objectively to the question formulated by Your Excellency”.
“The answer is simple: the OAB does investigate, prosecute and punish lawyers who commit ethical and disciplinary infractions. This is done through the proper and legally appropriate means, that is, the ethical-disciplinary process, established and conducted by the competent bodies of the institution, especially within the scope of the Sections, with strict observance of the adversarial process, broad defense and due process.”
“Such investigations may begin ex officio, when there are elements that justify them, or upon provocation or representation regularly formulated by those who are aware of the facts. In this context, if Your Excellency has specific news of conduct potentially incompatible with professional ethics, the Order, as it has always been, remains at your disposal to receive the pertinent information and provide it with the appropriate institutional forwarding.”
“If such measures do not always gain external publicity, this is not the result of omission, tolerance or leniency. It arises, on the contrary, from the legal model adopted by the Statute of Advocacy, which imposes secrecy on the processing of these actions until their completion. It is a legal guarantee that protects the seriousness of the investigation, the soundness of the procedure and the fundamental rights of the parties involved. The ethical-disciplinary process, by its nature, does not lend itself to public display; it lends itself to responsible investigation of the facts and, when applicable, the effective application of the corresponding sanctions”.
“The Brazilian Bar Association, in each of its 27 sections, fulfills this institutional duty on a daily basis with sobriety, firmness and responsibility. It does not compromise with ethical deviations, but it also does not renounce the guarantees that structure any legitimate investigation in a Rule of Law.”
“For this reason, without prejudice to the personal and institutional respect that it continues to dedicate to Your Excellency, the OAB provides this clarification not to intensify dissent, but to respond, with objectivity, civility and institutional loyalty, to the question that was publicly addressed to it”.
“The Order reaffirms its permanent disposition for republican dialogue between institutions and renews the conviction that this dialogue must always be marked by frankness, civility and reciprocal respect”.
