The Portuguese Bar Association (OAP) broke, this Wednesday (5), the reciprocity agreement with the Brazilian Bar Association (OAB).
The decision was taken unanimously by voters after a plenary session on Monday (3).
According to the OAP, Portugal currently adopts legislative standards that are different from those applied in Brazil. This happens mainly due to the applicability and transposition of Portuguese domestic law with European Union (EU) law.
The fact “inevitably, has contributed to both legal systems moving away and having evolved in completely different directions”, explains the OAP.
They also mention that the guidelines in force in some branches of law in the countries “are no longer equivalent”.
“It is common knowledge that there is a notable difference in legal practice in Portugal and Brazil. And, as well as the judicial formalisms and digital platforms, being effective their lack of knowledge on the part of Brazilian and Portuguese lawyers when they start their activity in Portugal or Brazil”, says the Portuguese entity.
“Verifying that, for this very reason, the practice of acts proper to lawyers of high technical complexity occurs, by those who do not have the necessary academic and professional training within the scope of the Portuguese and Brazilian legal systems”, he continues.
It is also mentioned by the OAP that there are serious and notorious difficulties in adapting Brazilian lawyers to the Portuguese legal regime, thus endangering the rights, freedoms and guarantees of citizens of Portugal, and reciprocally of Brazil.
OAB is surprised by the decision
The Federal Council of the Brazilian Bar Association (CFOAB), in a note signed by the national president of the body, Beto Simonetti, informs that it was surprised by the OAP’s decision to unilaterally break the agreement.
According to the OAB, all appropriate measures will be taken to defend the rights of Brazilian professionals able to practice law in Portugal or who are entitled to any benefit resulting from the agreement that has ended.
The Brazilian order will also seek to resume dialogue, “respecting the autonomy of the Portuguese Bar Association and understanding that the European entity faces difficulties arising from government pressure”.
“A dialogue process that began several months ago was under way with the objective of perfecting the agreement, since the demographic, social, legislative and legal reality of the two countries has evolved since the signing of the agreement”, he communicates.
“The OAB, throughout the negotiation, opposed any change that would validate texts imbued with discrimination and prejudice against Brazilian lawyers. The colonial mentality has already been defeated and only finds a place in history books, no longer in the daily lives of both nations”, he continues.
According to the institution, there is cooperation and friendship between Brazil and Portugal, including advocacy, which has resulted in numerous benefits for both countries, and especially for citizens.
Source: CNN Brasil
I’m James Harper, a highly experienced and accomplished news writer for World Stock Market. I have been writing in the Politics section of the website for over five years, providing readers with up-to-date and insightful information about current events in politics. My work is widely read and respected by many industry professionals as well as laymen.
