Open Letter from the Brazilian Bar Association to the Nation (OAB)
Thursday, August 7, 2025, at 7:30 p.m.
At a moment of growing tension between leaders and institutions of the Republic, and of radicalization of public debate, the Brazilian Bar Association (OAB) calls upon political actors and members of the Justice System for balance, mutual respect, and unrestricted observance of constitutional dictates.
The Democratic Rule of Law requires restraint, prudence, limits, and strict observance of legality.
The OAB will never take the side of any political-ideological faction, for it is neither the long arm of the government nor an auxiliary wing of the opposition.
Our commitment is to Brazil.
Exactly for this reason, the OAB cannot remain silent in the face of excesses of any nature or institutional origin.
The arrest and the imposition of severe precautionary measures against defendants or persons under investigation in criminal proceedings, determined without a final and unappealable judgment, require from all a serious reflection.
It is necessary to reaffirm that criminal measures, especially those that restrict liberty, must be adopted with unquestionable grounds and with full respect for constitutional guarantees, including the right to freedom of expression.
The OAB does not assess the guilt or innocence of those involved but ensures that they are judged in accordance with due legal process.
Without this, dangerous precedents are opened, which may tomorrow affect any political-ideological direction.
The actions of the Federal Supreme Court (STF), whose mission is to protect the Constitution, must always follow the principles that sustain democracy itself.
It is essential to respect the prerogatives of the legal profession — such as professional confidentiality, full access to case records, and synchronous oral argument — which are, in truth, constitutional guarantees for the citizen, the recipient of the right to defense.
The Association has acted tirelessly to overturn decisions that may violate such guarantees, regardless of the ideological leaning of those assisted, and will continue fighting, always within institutional frameworks, for the free and full exercise of the legal profession.
In the same way, the OAB vehemently rejects gestures and actions by holders of elected office and political leaders that encourage the discrediting of public institutions and that incite the adoption of measures, especially foreign ones, that destabilize the country’s economy and harm, consequently, Brazilian entrepreneurs and workers. Democracy is not built by sabotaging the country itself; attacks on national sovereignty are inadmissible.
Freedom of expression is a constitutional value, but it cannot serve as a shield for anti-democratic practices.
The Brazilian Bar Association calls upon all members of the Powers of the Republic — Executive, Legislative, and Judiciary — and all political and civil leaders of the country to commit to a pact for the pacification of Brazil, with absolute respect for national sovereignty, due legal process and constitutional and legal norms, the Judiciary, and all public institutions.
The Association will remain independent and critical, active and proactive.
And it reaffirms: we are agents of legality.
Our mission is to protect the Democratic Rule of Law and the country, against whomever it may be.
Our flag is the Constitution.
Our side is Brazil.
Board of Directors of the Federal Council of the OAB
College of Presidents of the Sectional Councils of the OAB
Carta da Ordem dos Advogados do Brasil ao país
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The Role of the Brazilian Bar Association (OAB)
The Brazilian Bar Association (OAB) has a multifaceted role that goes beyond simply representing its members.
Its actions are primarily defined by the Statute of Advocacy and the OAB (Law No. 8,906/1994) and its history of political and social participation in the country.
In summary, the OAB's role can be divided into two main areas:
* Corporate Function (for the class):
* Regulation and Oversight:
The OAB is responsible for regulating and overseeing the legal profession throughout the national territory.
This includes registering new professionals and administering the Bar Exam, which certifies technical competence for practicing law.
* Defense of the Prerogatives of Advocacy:
The entity acts to protect the legal rights and guarantees of lawyers, ensuring they can practice their profession freely without undue interference.
These prerogatives, such as access to case files and professional inviolability, are seen as a citizen's guarantees to the right of defense.
* Code of Ethics and Discipline:
The OAB ensures compliance with the profession's Code of Ethics, and can open disciplinary proceedings against lawyers who violate the rules, thereby guaranteeing dignity and loyalty in their relationships with clients and society.
* Support and Professional Development:
The institution offers support services, such as the Lawyers' Assistance Funds ("Caixas de Assistência dos Advogados"), and promotes the continuous professional development of lawyers through courses and events.
* Institutional Function (political and social):
* Defense of the Constitution and the Rule of Law:
The OAB's role is not limited to the interests of lawyers.
The entity is a fundamental actor in defending the Constitution, human rights, and social justice. It acts as a guardian of democracy, monitoring legislative initiatives and fighting against legal setbacks.
* Participation in Public Life:
The OAB has a history of active involvement in critical moments of Brazilian history. The entity was a key player in movements such as the struggle for re-democratization during the military dictatorship and participation in the 1988 National Constituent Assembly, which granted constitutional status to advocacy as "indispensable to the administration of justice."
* Oversight and Combating Corruption:
The OAB acts on causes of collective interest, such as fighting corruption, and speaks out on important national debates, such as the need for ethics in politics and the swift administration of justice.
Although it is a public law entity, the OAB is not part of the public administration, which grants it autonomy and independence to act in a non-partisan but not apolitical manner, in defense of Brazil and its citizens.
Reference Links:
* Statute of Advocacy and the OAB (Law No. 8,906/1994):
http://www.planalto.gov.br/ccivil_03/leis/l8906.htm
* OAB Federal Council Official Website:
https://www.oab.org.br/
* Brazilian Federal Constitution (1988) - Article 133, on the role of lawyers:
http://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm
The Role of the Brazilian Bar Association in Constitutional Review
The Brazilian Bar Association (OAB) plays a fundamental and unique role in the Brazilian legal system, being a legitimate party to file Direct Actions of Unconstitutionality (ADI), Declaratory Actions of Constitutionality (ADC), and Allegations of Violation of a Fundamental Precept (ADPF) directly with the Supreme Federal Court (STF).
This legitimacy is provided for in Article 103 of the 1988 Federal Constitution, which includes the Federal Council of the OAB in the list of entities that can file these actions, which are the main tools for centralized constitutional review. Law No. 9,868/99, which regulates the process and judgment of ADI and ADC, also confirms this prerogative.
This ability to act directly in the STF gives the OAB a position of great institutional relevance, allowing it to defend the legal order, the Democratic Rule of Law, and fundamental rights, regardless of whether it is affected by a law or normative act.
The role of the OAB in this context is crucial to ensure that the laws and acts of public power are always in accordance with the principles and norms of the Federal Constitution.
Reference Links:
* 1988 Federal Constitution (Article 103):
http://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm
* Law No. 9,868/99 (Regulates ADI and ADC):
http://www.planalto.gov.br/ccivil_03/leis/l9868.htm
* Supreme Federal Court (STF) - Legitimate Parties:
http://portal.stf.jus.br/servicos/institucional.asp?legitimados
PRAYING
FOR PEACE
"Show the world that peace is the way and that you are a seed of love."
Prayer for World Peace
The infinite love of God flows into my being and shines within me as a brilliant spiritual light of love.
The spiritual light of love grows and grows in intensity, covering the hearts of all the peoples of the world only with thoughts of love, peace, order, and of the Truth centered on the will of God.
The infinite love of God flows into my being and shines within me as a brilliant spiritual light of love.
The spiritual light of love grows and grows in intensity, completely covering the world, filling the hearts of all people only with thoughts of love, peace, order, and of the Truth centered on the will of God.
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