Entity says that deputy used the platform to “spread false information”; congressman says “the situation is absurd”
The OAB (Brazilian Bar Association) will present an interpellation against the federal deputy Marcel van Hattem (Novo-RS) for allegedly “offend and disseminate false information” about the entity in the Chamber’s gallery. The organization told the Power360 this Saturday (April 27, 2024) which still decides whether the interpellation will be signed by the entity or by its Federal Council. He stated that the action should be filed next week.
The questioned statement is an accusation by the deputy (watch below) in which he speaks of “persecution” of the OAB against lawyers. The congressman states that the entity presented a petition “in inquiries at the end of the world”, reported by Minister Alexandre de Moraes, against an association that has a name and logo similar to that of the Order. van Hattem’s speech is based on confidential processes released by the Twitter Files.
“The OAB, which had been accused of being silent in defending the prerogatives of lawyers, both from 8 de Janeiro and those who have cases in the investigations, now reveals itself through the Twitter Files, that it was not just silent, it was complicit in the abuses of authority by Alexandre de Moraes. It’s scandalous”declared van Hattem on Wednesday (April 24).
The deputy mentioned recent statements and actions by the president of the Federal Council of the OAB, Beto Simonetti, and said that the entity needs to “portray” for what happened, even “changing your mind”.
“You can’t do what you did. You cannot use your relationships with ministers of the Federal Supreme Court to persecute other lawyers.”declared van Hattem.
Watch the speech (5min32s):
To the Power360, the OAB said that it filed a public civil action with the Federal Court, in 2021, and with the STF, in 2023, against the OACB (Ordem dos Advogados Conservadores do Brasil). He stated that the entity used a name and logo similar to those of the OAB to “misrepresenting the function of the Brazilian Bar Association and irregularly attracting clientele”.
According to the Order, “contrary to what the deputy says, the OAB does not persecute or seek to censor any lawyer, but only fulfills its function of curbing irregular activities and defending the reputation of the institution”.
In the case file in which the Power360 had access, attached is the request sent by the OAB on March 2, 2021 to the 17th Federal Civil Court of the SJDF (Judiciary Section of the Federal District). There was only one decision on April 19 of this year: when judge Diego Câmara ordered the suspension of OACB activities.
On January 23 last year, 15 days after the extremist acts in Brasília, the OAB sued the STF stating that the conservative association’s publications represent a “a real threat to the Democratic Rule of Law”.
In the Court, the process proceeded more quickly than in the 1st Instance. One month after the petition, the PGR (Attorney General’s Office) spoke out against the continuation of the action.
The piece signed by deputy attorney of the Republic Carlos Frederico dos Santos indicates that the entity already had a similar process being processed in the 1st Instance, which would be the “proper way” for action.
Five days after the PGR’s opposing demonstration, Moraes gave a decision favoring the OAB and ordered the suspension and exercise of the OACB, in addition to blocking its profiles on social media.
The judge said that the association’s conduct occurred “in the context of undemocratic acts” to justify the inclusion of the request in the investigation.
“It is necessary, appropriate and urgent to suspend the legal activities carried out by the Order of Conservative Lawyers of Brazil, as well as the blocking of its social networks, used to attack the Democratic Rule of Law, given the possibility of its use to encourage of illicit and undemocratic acts, with the aim of stopping the injury or threat to rights”declared Moraes.
WHAT VAN HATTEM SAYS
To the Power360van Hattem said that the judicial interpellation against him confirms that the “current management of the Order doesn’t care what the Constitution says.”
“There are things that we only believe by seeing and there are things that we don’t even believe by seeing them. The OAB says it will take legal action against a deputy for using the Tribune. Surreal”said the deputy.
Asked what he intended to do when questioned, the deputy said his intention was “do absolutely nothing”What a “as the situation is so absurd”, intend to send “in response, a copy of the Constitution highlighted in yellow in article 53, underlined in pen”.
This is what the article mentioned by the congressman says:
“Art. 53. Deputies and Senators are inviolable, civilly and criminally, for any of their opinions, words and votes”.
REPERCUSSION
The OAB’s action was criticized by opposition politicians and experts on social media. In his profile on X (formerly Twitter), lawyer André Marsiglia, specialist in digital law, researcher of censorship cases and columnist for Power360stated that judicialization “rejects the debate” and violates the congressman’s immunity.
Novo, van Hattem’s party, also commented on the case. called it “shameful” the entity’s action and said that the OAB should “turn your efforts to defending due legal process and the right to defense”.
Read other statements about the case:
