Rogério Alves warns that the Government's proposal regarding professional associations “does not seek to solve any problem”, but “creates several problems”

In his usual weekly commentary on CNN Prime Time, produced last June 21, Rogério Alves addressed the Government's proposal to amend the Statute of the Bar Association and the law on proper acts (minute 6:30 of the video).

He pointed out that, at a time when the courts are experiencing great difficulties, namely due to the Government's inability to reach an agreement with bailiffs, a fun maneuver was created, which is this proposed legislative amendment.

A proposal, he said, that does not seek to solve any problem but that creates several new problems.

And which enshrines government intervention in the function of professional associations.

As signs of the Government's intervention in the activity of the Bar Association, he mentioned the intervention now planned by the holder of the justice portfolio in the approval of various regulations, namely the general regulation of specialties (which define the regime for granting the title of specialist lawyer), among others.

This is an interference by the Government that disrespects the powers of the Bar Association.

He also criticized the creation of the Supervisory Board (a figure created with this bill) and the mandatory appointment of the Provider of the recipients of the services (an optional figure so far), which he considered to be useless entities, creating only more bureaucracy and problems hitherto non-existent.

With the argument that it intends to verify that the orders fulfill their functions, the Government creates another body in the Order, composed of people outside the profession who can be remunerated and decide on the remuneration of other bodies, which do what the Order already does with qualified people.

He also noticed something that usually goes unnoticed: The Bar Association has been providing a free service for many years (only the president has been remunerated and only since 2008). Several lawyers work, free of charge, deciding on disciplinary procedures, issuing opinions on professional secrecy, informing citizens about problems with lawyers, and resolving cases between lawyers and law firms, to name a few examples.

With this proposal, the Government intends to reduce the independence of associations, namely the Bar Association, so as not to be so beset by criticism.

The Order is a public association for the defense of the rule of law. It is enough to recall the First Lawyers' Congress held before April 25, 1974 to understand the relevance of the function of the Order and the need for it to remain independent of State bodies.

He also noted that the State creates court costs that prevent people from accessing the Courts, but as a good manager of other people's money, it wants lawyers to be forced to pay interns more than the State pays many justice officials.

This law reduces the independence of lawyers and the quality of democracy.

Rogério Alves stressed that it is wrong to pretend - as a result of the proposed law - that legal consultation can now be practiced by those who are not lawyers. In a contract for the purchase and sale of a property, for example, the buyer and the seller must be advised by someone who, being specialized, has nothing to gain, whether the deal is carried out or not.

Herein lies the advantage of independence for citizens and citizenship.