The Secretary of State says the assumption that only lawyers can practice law is a “major mistake”

The Assistant Secretary of State and Attorney said this Monday that “it is a fundamental mistake” to believe that anyone who is not registered with the Bar is ineligible to practice law, except for a forensic mandate.

“This is the main mistake, that is, those who are not registered with the Bar Association are not qualified, they are not suitable for this activity. The association, the president and lawyers in general – can’t mean true to reality,” Assistant Secretary of State and Justice Jorge Alves Costa said on Monday at a government press conference on the revision of the statutes of professional associations as part of the amendments to the framework law that governs them.

Along with the Minister for Parliamentary Affairs, Anna Catarina Méndez, who led the process of revising the framework law and the statutes of the professional bodies in government, and the Minister of Health, Manuel Pizarro, who, together with the justice sector, faced strong criticism from the Orders regarding the changes proposed by the executive branch, Jorge Alves Costa has repeatedly said, like his colleagues in the government, that “this reform is not carried out against the Orders or without the Orders.”

And he argued that in the case of lawyers, the opening of the practice of certain legal actions for law graduates not registered with the Bar Association, the change in the existing paradigm of actions exclusive to the law, does not represent a loss of powers and competencies for the Bar Association of lawyers, as well as the absence of a legal protection of citizens.

For the Assistant Secretary of State and the Justice Department, there is a “fundamental difference” between obtaining a law license and being a member of the Bar, which draws a line in the practice of law, with the government advocating that “having been accepted by the academy”, that is, having a law degree, should allow a legal professional to be able to provide legal advice, draft contracts, or collect debts.

“What is the main activity of a lawyer and the Order of Lawyers? A forensic mandate, legal support of a citizen in courts. Drafting of contracts, as a result, we have a recovery of loans. There is nothing in the bill that says: A lawyer will no longer be able to exercise a judicial mandate, give legal consultations, prepare contracts or collect loans,” he said.

Only if the law forbade lawyers from exercising these powers “could it be said that [que um advogado] lost powers or lost powers,” defended Jorge Alves Costa, adding that the government’s proposal aims to “create better conditions for young people so that they can access certain activities that have so far been limited to lawyers, solicitors and law enforcement “.

“Here, from our point of view, there is no lack, naturally, there is no loss of powers or powers of the Bar Association, because it will still be able to carry out all the activities that it already carries out today,” the Bar Association said. minister.