Justice for all
In a historic decision, Bar Association authorizes free legal counsel in Brazil
An important step was taken this Sunday, June 14, towards guaranteeing access to justice for less privileged Brazilians. In an extraordinary meeting, the Full Council of the OAB (Brazilian Bar Association) approved the inclusion of pro bono legal counsel in the association’s new Code of Ethics and Discipline.
In practice, starting from the publication of the new rule, scheduled for August, legal professionals will be able to provide free legal counsel to non-profit social institutions and people who cannot afford a lawyer.
“This is a fundamental and historic step towards guaranteeing equal and democratic access to justice, including the most underprivileged populations. Now we need to work on establishing a specific legislation on the topic,” said Marcos Fuchs, executive director of the IPB (Pro Bono Institute) and associate director of Conectas.
Although pro bono has been practiced for more than 100 years in Brazil, the absence of a national regulation and the resistance of some state chapters of the Bar Association have prevented many lawyers from providing free services due to the risk of disciplinary measures.
The activity will now be included in article 30 of the new code, with a whole chapter devoted to professionals who offer pro bono services, together with public defenders and court-appointed lawyers. The new rule bans the provision of free legal services for electoral or political purposes or as a promotion to secure new clients.
The session was attended by the president of the board of the IPB, Flavia Regina de Souza, who is also coordinator of the community lawyering group Cesa (Law Firms Study Center). Souza also serves on the board of Conectas.
International situation
Pro bono legal counsel has spread on the international stage, reaching countries from Eastern Europe, such as Poland, Russia, the Czech Republic and Hungary, to Latin American nations, such as Argentine, Chile and Colombia.
As the international reference in free legal services, the United States – which has the most lawyers anywhere in world (nearly 1.2 million, according to the American Bar Association) – requires law students to complete at least 60 hours of pro bono legal work before they can graduate.
Despite there still being some restrictions, pro bono is also starting to be more widely practiced in France and Germany.
According to Fuchs, this decision by the OAB puts Brazil on par with the international progress being made in pro bono.
