‎Brazil News

 

Minister Gurgel de Faria, from the STJ / Credit: Lucas Pricken/STJ

The 1st Section of the Superior Court of Justice (STJ) decided this Wednesday (25/10), unanimously, that the Brazilian Bar Association (OAB) cannot establish and charge annual fees from law firms.

 

Two resources were selected as representative of the controversy, registered as Theme 1,179: Special Resources 2,015,612 and 2,014,023.

 

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The appeals were filed by the OAB against the ruling of the Federal Regional Court of the 3rd Region, which understood that, due to the absence of a legal provision, the charge cannot be demanded.

 

 

The entity claimed to have acted within its legal powers, since “the annual contribution is owed by its subscribers, which includes individuals – lawyers – and law firms, registered with the competent sectional council”.

 

Understand the STJ's grounds for preventing the OAB from charging annual fees to law firms

When voting, the rapporteur, Minister Gurgel de Faria, countered the Order's argument and differentiated the registration of companies from the registration of individuals, which qualifies professionals to practice law.

 

“It can be inferred from the federal law in question [Law 8,906/94, the OAB Statute] the clear difference between registration, which confers legal personality on the law firm, and registration, which qualifies the lawyer and intern, natural persons , to the practice of private legal activities, which is why the federal councils of the OAB lack legal competence to establish and charge annual fees from law firms that are not registered, but registered with the Order”, said the rapporteur.

 

He highlighted the role given to societies by the Statute. “Law firms are registered with the OAB for the purpose of acquiring legal personality, with the capacity to carry out, on their own, acts essential to their purposes, but incapable of carrying out acts exclusive to lawyers, in accordance with articles 15 and 16 of the Statute of the OAB”.

 

The rapporteur proposed the following legal thesis: “OAB sectional councils cannot establish and charge annual fees from law firms”. Faria therefore denied the OAB's two appeals and was accompanied by the other ministers.

 

ERICK GIMENES – Freelance reporter

 

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