‎Brazil News

Online reviews

TRF-3 denies censoring criticism against lawyers on Reclame Aqui

Court confirmed that criticism of lawyers on Reclame Aqui does not constitute a consumer relationship, guaranteeing freedom of expression.

From the Editors

 

Friday, December 13, 2024

 

Updated at 11:46

 

To share

 

 

The 6th panel of the TRF of the 3rd region denied an appeal by the OAB seeking the removal of criticisms against lawyers published on the Reclame Aqui website. 

 

The Court reinforced that these manifestations do not constitute a consumer relationship, with the right to freedom of expression prevailing.

 

The OAB argued that the website would not be an appropriate space for complaints involving lawyers, since the legal activity does not qualify as a consumer relationship. 

 

According to the entity, monitoring of ethical and professional conduct must be done through its own administrative processes, ]guaranteeing confidentiality and respect for lawyers.

 

Reclame Aqui's defense argued that the website merely provides a channel for users to express themselves, without interfering in the content posted or attributing blame to the parties involved. 

 

 

 

TRF of the 3rd region denies OAB's attempt to censor criticism on the Reclame Aqui website. 

The rapporteur of the case, Federal Judge José Francisco da Silva Neto, observed that "there is no configuration of a consumer relationship in terms of the client x Lawyer axis, as it was pointed out that the free expression of thought can be carried out in any medium, which evidently includes the website defendant here. 

 

He highlighted that the OAB's attempt to promote prior censorship is explicit, arguing that, if the request were accepted, it would set a precedent for new attempts to prevent similar demonstrations on other digital platforms.

 

Furthermore, the rapporteur emphasized that the OAB's right to institute ethical-disciplinary procedures remains intact, but a simple complaint on the internet does not generate legal effects, but only has repercussions in the field of free expression of thought. 

 

Finally, the rapporteur suggested that, instead of seeking to prevent such demonstrations, the OAB could enter into an agreement with the website to improve monitoring of the quality of legal services. 

 

Unanimously, the TRF of the 3rd region decided to maintain the decision of the 1st instance , denying the OAB's appeal and ensuring that criticism on the website remains available, as long as it respects the limits of the law.

 

Case :  0017921-58.2015.4.03.6100

 

link: https://www.migalhas.com.br/quentes/421575/trf-3-nega-censurar-criticas-contra-advogados-no-reclame-aqui