Attorney

Attorney

17/11/1997 – Case No. 4234/97 – Full Council (“Conselho Pleno”) of the Brazilian Bar Association (OAB) Federal Council – Article 21 of Law No. 9,307 – Attorney

Motion to declare article 21, 3rd paragraph of Law No. 9,307 unconstitutional – Recommendation of OAB’s Presidential Panel – Suggestion of intervention with the Legislative Branch with the purpose of recognizing unconstitutionality, grounded on the requirement of having an attorney present.  – Presence of an attorney is required and essential to the management of justice, as ensured by the Constitution – Unconstitutionality rejected – Decision prescribing that OAB should not engage in any activity concerning article 21, 3rd paragraph of Law No. 9,307 before having gathered practical experience in arbitration, under penalty of mistaking such initiative with “mere corporate interest aiming at assuring outplacement”