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AGU speaks out in favor of OAB action on professional immunity

The Attorney General's Office was heard after a ruling by the reporting minister, Luís Roberto Barroso.

From the Editors

 

 

THE AGU ruled, last Monday, 4, in favor of the AD against the changes promoted by law 14,365/22 , which revoked provisions of the Statute of the Bar  ( law 8,906/940)  responsible for guaranteeing professional immunity to lawyers.

 

"Indeed, the overall objective of the legislative proposal was to expand the protection of lawyers' prerogatives, so it would be completely incoherent to suppress the provision that ensures one of the most important guarantees of the legal profession: immunity from expression in the exercise of their activity" , says the AGU to Minister Luís Roberto Barroso, rapporteur of the case. 

 

Barroso applied the abbreviated procedure to 7,231 , proposed by the Federal Council of the OAB, and requested information from the President of the Republic and the National Congress, as well as determining the hearing of the Attorney General of the Union and the Attorney General of the Republic. 

 

Read more

OAB questions law that revoked guarantees of professional immunity

 

AGU stated in the proposed by the OAB that it would be inconsistent to suppress the provision that guarantees professional immunity to lawyers 

Final draft failure

 

The changes to the statute occurred due to a flaw in the final wording of Bill 5,284/20 , approved by the Chamber of Deputies. The repeal of §§ 1º and 2º, of art. 7º, of Law 8,906/94, which deal with professional immunity, was included in the text, even though it was not voted on by parliamentarians. 

 

The project's rapporteur, Federal Deputy Lafayette , acknowledged a material error in the substitute presented to the PL, which removed paragraphs from the Statute of the Bar.

 

" This is an erroneous construction of Article 7, as the text of the amendment reworded §§1º and 2º of the aforementioned article, when, in fact, the intention was to include new paragraphs and maintain the content of the two paragraphs then in force. When an amendment text is very different from the current one, the practice is to revoke the current text and include the approved one in a new numbering ", explained Lafayette, at the time.

 

Both the presidency of the Chamber of Deputies and the presidency of the Senate, upon being informed of the material error in the text, sent the correction of the wording first to the Senate and then to the Presidency of the Republic. Thus, the AGU states: " It is important to note that the information brought to the record leaves no doubt as to the absence of intention of the legislator to revoke §§1º and 2º of art. 7º of law 8.906/1994. "

 

Furthermore, the AGU points out that " it is clear that the content of the text submitted for sanction does not correspond to what was effectively deliberated and approved by the Legislative Houses, and it is worth highlighting that the technical error - duly recognized by the Chamber of Deputies and the Federal Senate in the information provided in the proceedings - could not be remedied through administrative channels. "

 

Information: OAB.

 

 link: https://www.migalhas.com.br/quentes/393057/agu-se-manifesta-em-favor-de-acao-da-oab-sobre-imunidade-profissional