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Federal judge Diego  from the 17th Federal Civil Court of SJ/DF, partially responded to the request made by the Federal Council of the OAB, determining that the entity self-titled OACB - Order of Conservative Lawyers of Brazil interrupt all its activities related to the offering of legal services . Additionally, the organization must stop using the name, acronym and symbol it currently uses. In case of non-compliance, a daily fine of R$20,000 was established.

 

The decision is part of a public civil action filed by CFOAB, which requested an urgent measure to suspend OACB's legal activities, which involve offering services and attracting clients, as well as the use of a similar nomenclature and acronym. to those of the OAB.

 

The Federal Council argues that the OACB, a private non-profit association, has been involved in illegal activities such as offering legal services by an entity not registered with the OAB, attracting clients and using a nomenclature that imitates that of the OAB , in addition to actions that harm the image of the OAB, all considered violations of current legislation, specifically the Law Firm Statute and the OAB Code of Ethics.

 

In defense, OACB claims that its actions are within the law and that there are no OAB trademarks that are violated by their use. It further affirms that its actions are in accordance with the Constitution and relevant Federal laws, and that there are no irregularities in its advertising practices or other actions.

 

 

Website of the Brazilian Conservative Bar Association. (Image: Reproduction)

In the decision, judge Diego noted that the defendant is an association whose objectives include providing legal advice to people, an activity that is exclusive to lawyers. "This context highlights the taint of the precepts contained, notably, in articles 1, item II, and 16, caput, both of law 8,906/94" , emphasized the judge.

 

The judge also cited evidence brought by the CFOAB, including screenshots of publications made by the OACB that called for the sending of offensive content to former president Jair Bolsonaro and his government, promising to take legal action based on this material.

 

According to the judge, the evidence shows that the OACB has acted, directly or indirectly, in offering legal services and attracting clients, potentially redirecting cases to lawyers associated with the organization.

 

Furthermore, he highlighted that imitating the name, acronym and symbols of the OAB can cause confusion or deceive people with less legal and institutional knowledge.

 

Based on these arguments, the emergency measure was partially granted, obliging the OACB to immediately cease its activities of providing legal services and the use of names and symbols similar to those of the OAB, under penalty of a daily fine of R$20,000 for non-compliance. .

 

Process: 1010970-27.2021.4.01.3400