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The OAB and the Future of the Legal Profession
Bill 1123/2022, authored by Alfredo Scaff Filho, proposes direct elections for the presidency of the OAB Federal Council.
Translated from the Portuguese. Read the original
In a historic move, the group “Advogados pelas Diretas” (Lawyers for Direct Elections), representing all 27 federative units of Brazil, is calling the nation’s attention to Bill 1123 of 2022. Proposed by the jurist Alfredo Scaff Filho, the bill would reform the Statute of the Legal Profession and the structure of the Brazilian Bar Association (OAB) by introducing a system of direct elections for the president of the OAB’s Federal Council. The change is presented as an urgent measure to ensure that the voice of every lawyer is heard and respected, giving them the fundamental right to elect their national representative directly.
The initiative is an appeal for democracy within the very institution that, throughout its history, has been a fierce defender of direct elections in the country. Paradoxically, however, the OAB has kept an indirect process for choosing its national president, a practice many members consider at odds with the democratic principles the organization has always sought to promote.
Through direct voting, lawyers across Brazil would be able to exercise their influence in a more meaningful and transparent way, strengthening the representativeness and legitimacy of the national leadership. This step is seen as essential to aligning the OAB with the values of a democratic state governed by the rule of law, in which the choice of leaders reflects the will of the majority.
In addition, the “Advogados pelas Diretas” group argues that adopting direct elections is a matter of respect and responsibility toward civil society and the legal profession, which plays a fundamental role in the administration of justice, as Article 133 of the Federal Constitution highlights. As a profession indispensable to maintaining justice, the legal profession requires an electoral process worthy of its importance.
With its call for direct elections to the national leadership, the group hopes not only to reform a fundamental aspect of the OAB’s governance but also to reaffirm the legal profession’s commitment to democratic ideals. The change proposed by Bill 1123, conceived by Scaff Filho, is more than a statutory amendment; it is a step toward fairer, more equitable representation, one that resonates with the core values of the legal profession and of Brazilian society.