The -SP (Brazilian Bar Association of São Paulo) should analyze in March a consultation on the ethical limits in the relationship between lawyer and magistrate, including a virtual jet travel scenario with a minister of the (Supreme Federal Court).
It’s all in theory, that is, a specific case is not discussed, but it is in this hypothesis that the episode of a , to Peru, on a private jet, accompanied by one of the lawyers involved in the case of .
“We have, at the São Paulo Ethics Court, an open process for the OAB-SP to express its understanding regarding this fact, not regarding the specific case”, said Leonardo Sica, president of the OAB-SP, to Sheet. “That’s exactly the hypothesis.”
Sica responded to a question about ethics in law. The report asked him whether, in addition to the institution of STF ministers, there would be no need to update the rules for lawyers in the face of Toffoli’s case.
The incident involved criminal lawyer Augusto de Arruda Botelho. He, who defends a former Master director, traveled to watch the Libertadores final in the company of the minister, to whom later, that same day, the bank’s investigations were distributed. The criminalist does not comment on the matter.
“The OAB of São Paulo will update its understanding regarding this”, said the president of the São Paulo section of the Order. “We will be aware of when the lawyer has to, in accordance with our code of ethics, turn on proximity limit alerts to the judge.”
The OAB-SP Ethics and Disciplinary Court is responsible for judging disciplinary cases, but also for providing guidance and advice related to professional ethics, and one of the groups within this body is dedicated to answering queries and doubts.
The procedure is as follows: the members of this body will judge the question and write a collegiate decision, defining parameters as set out in the legal code of ethics. It is in theory, but it serves more as a guide for specific cases.
Can a lawyer and a judge travel together on a jet? People can maintain relationships, says Sica. “The question is whether they can find themselves in the process up front. And whether the lawyer is obliged to warn”, says the president of OAB-SP. “That’s what we have to decide.”
