Brazilian Bar Association Federal Council
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In response to a letter from the CFOAB (Brazilian Federal Council of the Order of Attorneys), the CNJ (National Council of Justice) reaffirms the prerogatives of the legal profession and advances in the analysis of essential issues for the class.
Raul Spinassé
Tuesday, December 9, 2025 at 5:30 PM
Following a request from the Brazilian Bar Association (OAB), the National Council of Justice (CNJ) reaffirmed the prerogatives of lawyers and responded to the main demands presented by the entity. In an official letter sent to the president of the Federal Council of the OAB, Beto Simonetti, the president of the CNJ and the Supreme Federal Court (STF), Minister Edson Fachin, confirmed the right to speak at Council sessions, acknowledged the possibility of requesting a hearing, and detailed measures regarding the ethical use of AI and the fight against abusive litigation, among other points.
The requests submitted by the Brazilian Bar Association (OAB) addressed key issues in professional practice, such as the participation of lawyers in internal debates within the National Council of Justice (CNJ), the governance of new technologies, the preservation of prerogatives, the need for policies against abusive litigation, and issues related to the functioning of judicial units. The document also proposed new actions aimed at improving the Justice System.
According to the Deputy National Prosecutor for the Defense of Prerogatives, acting before the CNJ (National Council of Justice) and federal councilor for Paraná, Cássio Lisandro Telles, Edson Fachin's administration will be very promising. “In the first few days, the OAB (Brazilian Bar Association) was received by the minister, and the response to our requests came quickly. The guarantee of a voice on the CNJ bench in all processes is recognition of the relevant role of the Order in the Council, an organ that we helped to establish,” he stated, highlighting that “it encourages us to know that the use of AI in the Judiciary is at the center of the CNJ's attention.”
Guaranteed prerogatives
In the document, Minister Fachin confirms that the Brazilian Bar Association (OAB) has the guaranteed right to express its views during the plenary sessions of the National Council of Justice (CNJ), according to the body's Internal Regulations. He also reaffirms that the association can request that cases be highlighted for in-person judgment, provided that the request is analyzed by the case's rapporteur.
The president of the CNJ also highlighted the active participation of lawyers in working groups, mentioning the recently created Criminal Justice, Reparation and Non-Repetition Laboratory, which includes representatives from the Federal Council. The new structure will focus on improving the production of criminal evidence and reducing the consequences of possible judicial errors, strengthening the protection of human rights in the Justice System.
Another point discussed was the use of Artificial Intelligence in the Judiciary. In the official letter, Fachin recalled that the CNJ (National Council of Justice) issued Resolution 615/2025 , which establishes guidelines for governance and ethical use of AI, and formalized the National AI Committee of the Judiciary , with representatives from the OAB (Brazilian Bar Association), responsible for monitoring and supervising the application of these technologies. Lawyers Laura Schertel, who is president of the Special Commission on Digital Law and coordinator of the National Observatory of Cybersecurity, Artificial Intelligence and Data Protection of the CFOAB (Federal Council of the Brazilian Bar Association), and Laura Contrera Porto are the principal and alternate members, respectively, reinforcing the commitment to joint and representative action.
The document also addresses the CNJ's initiatives to combat over-judicialization and abusive litigation. According to the minister, a tool for identifying and monitoring this type of practice is under development, in accordance with Recommendation 159/2024 .
In response to a question from the CFOAB (Brazilian Federal Council of the Order of Attorneys) regarding policies to encourage the physical presence of judges in judicial units (districts), Fachin emphasized that teleworking remains an exceptional measure and cited regulations that reinforce the importance of the first level of jurisdiction as an essential basis of the Judiciary. These are: CNJ (National Council of Justice) resolutions 194/2014 , 343/2020 and 557/2024 .
At the same time, the CFOAB (Brazilian Federal Council of the Order of Attorneys) had also sent new proposals to the National Council of Justice. According to Edson Fachin, the suggestions were forwarded for action. The Department of Judicial Research (DPJ) will analyze the national research on court-appointed lawyers and the suggestions related to the CNJ Quality Award. The Information Technology and Innovation Commission (CTI) will evaluate the auditable registration mechanism for access to electronic processes. And the Department of Information Technology and Communication (DTI) will prepare a study on the national regulation of digital signatures for powers of attorney.
In concluding the official letter, the minister reiterated that strengthening the participation of lawyers and expanding access to justice are permanent guidelines of the CNJ Presidency. "We reaffirm, on this occasion, our commitment to a democratic, transparent management oriented towards inter-institutional cooperation," said Edson Fachin.
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