Permission for Union lawyers and federal, Treasury and Central Bank attorneys to act in private initiative will be analyzed by the Senate. A bill on the topic was approved by committees of the Chamber of Deputies and will now go to senators for analysis.
The proposal is authored by Executive branch and was presented in June 2016, during the management of Michel Temer (MDB). This week, the project received the approval of the CCJ (Constitution and Justice Committee) of the Chamber, which approved the final wording of the matter.
The text had already been approved by the board in May, but was awaiting an appeal deadline for a possible vote in the plenary. Previously, still in 2016, it was approved by the Labor, Administration and Public Service Commission.
Among the rules envisaged, the proposal establishes that law in private offices cannot be exercised against the Union, its agencies, its public foundations, its public companies or its mixed-capital companies.
According to the project, the permission will not be valid for those who hold positions on a commission or in a position of trust. At the CCJ, the rapporteur was the deputy Felipe Francischini (Podemos-PR), which maintained the original text sent by the Executive.
The practice of law outside institutional responsibilities must be previously communicated to the AGU (Attorney General of the Union), which will publish, on its internet portal, the list of people who practice law in the private sector.
The practice of private law must follow the rules and guidelines of the AGU General Inspectorate and the AGU Ethics Commission.
The provisions of “impediments and incompatibilities” established in the Statute of Advocacy and the OAB (Brazilian Bar Association), in addition to the Conflict of Interest Law, must also be considered.
