OAB promises to contest the fine imposed by Moraes on Silveira’s lawyer

This Friday (5), the Brazilian Bar Association (OAB) informed that it will go to the Federal Supreme Court (STF) to contest the fine imposed by minister Alexandre de Moraes on lawyer Paulo Faria. The lawyer was fined R$2,000 for allegedly acting in bad faith when presenting arguments in favor of former deputy Daniel Silveira.

“Just as the CNMP (National Council of the Public Ministry) is responsible for punishing members of the Public Ministry and the CNJ (National Council of Justice) is responsible for punishing judges, the OAB is responsible for punishing a lawyer. In this type of In this case, the appropriate procedure is to send a letter to the Order so that it can evaluate and, if necessary, take disciplinary measures in relation to the professional’s conduct. But this is not up to the magistrate”, said the national president of the OAB, Beto Simonetti, in a excerpt from the OAB note published this Friday.

The OAB note does not mention Paulo Faria by name, but the entity’s advisor confirmed to the People’s Gazette that the objection refers to the lawyer’s case.

Moraes fined Paulo Faria R$2,000 for “repetition of arguments already removed in relation to the period to be considered for purposes of criminal detention” and stated that the punishment can be applied by the STF.

The national attorney for the Defense of Prerogatives, Alex Sarkis, said that the precedents cited by Moraes to justify the fine predate Law 14,752/23, which eliminated the fine previously provided for in article 265 of the CPP (Code of Criminal Procedure).

“In force since December 2023, in another victory for the legal profession, the President of the Republic sanctioned the legislation [citada por Sarkis]exclusively granting the OAB the competence to discuss ethical violations in the legal profession”, says another excerpt from the OAB note.

“We will act diligently in defense of prerogatives. We are emphasizing the importance of complying with the law, in the same way that we have insisted that the Federal Supreme Court respect other prerogatives, such as the right to oral arguments. Unfortunately, we have observed that these rights are being restricted in judgments of grievances in the STF, going against what is provided for in the legislation. We will not compromise with prerogative”, stated Sarkis.

On Thursday (4), when talking about Moraes’ decisions, which denied regime progression to Daniel Silveira and imposed a fine of R$2,000 for bad faith litigation, lawyer Paulo Faria complained about the leak of information to the press hours before the decision was published in the STF system and said that he would contact the OAB and the Attorney General’s Office to “investigate the conduct”.

Faria also said that Moraes “propagated ‘Fake News’ by stating that the matters discussed had already been decided, adducing bad faith”.

“The requests were made after 02/19/2024, when a certificate of sentence to be served was issued by the rapporteur’s own office, and the requests for criminal detention, remissions and effective serving of the sentence were made after 02/19, when the Defense became aware of the percentage of compliance for regime progression purposes, set at 16% (Art. 112, I, LEP). The previous decision (05/02) was appealed on 07/02, and to date, ignored by the rapporteur”, said the lawyer in a note shared on his profile on the social network X.

Finally, Faria said that Moraes “abuses his authority and commits numerous crimes provided for by law, including torture, and, for the second time, imposes a fine under false accusations of bad faith”.

“It seems that Mr. Alexandre de Moraes by Daniel Silveira was transferred to this lawyer, and, given this finding, he asked friends and family for many ‘prayers’ to ward off all the evil that lives in the heart of this gentleman, wishing that this organ be touched and anointed by the Holy Spirit “, he added.