Minister Cármen Lúcia was responsible for forming the majority by joining the open divergence in the trial
The Federal Supreme Court (STF) formed a majority, on Thursday (30), at the mandatory registration with the Brazilian Bar Association (OAB) for lawyers who work in the public service. The decision occurred in the appeal judgment, originated by a question presented by the OAB of Rondônia, with the participation of the Federal Council of the OAB.
By 6 votes to 5, the STF plenary established the thesis that the Registration with the OAB is essential for public lawyers. When acting in this condition, these professionals are subject exclusively to the disciplinary power of the competent body provided for in their own legal regime.
Minister Cármen Lúcia was responsible for forming the majority by joining the open divergence in the trial. Ministers Edson Fachin, André Mendonça, Nunes Marques, Luiz Fux, Dias Toffoli and Cármen Lúcia voted in this sense.
The OAB maintained that public lawyers perform activities typical of law and, therefore, must follow the rules of the Law Firm Statute. The entity argued that the Constitution does not restrict the OAB’s activities only to private lawyers: everyone who practices law is part of the Order. Furthermore, the OAB’s supervisory power is different in nature from the internal disciplinary power of public departments.
As the thesis has general repercussion, the decision will serve as guidance for all courts in the country in similar cases.
*text produced with the help of AI
