Brazilian legislative proposals target OAB fees and preventive detention reviews

In Brazil, two distinct legislative developments are moving through the federal legislature. Federal Deputy Delegado Palumbo has introduced Bill No. 5595/2026, which aims to eliminate the requirement for supplementary registration with the Brazilian Bar Association (OAB). Currently, lawyers acting in more than five cases per year in a different state must pay additional annual fees and administrative costs. The proposal seeks to allow professionals to practice nationwide with a single registration, citing the modernization of electronic judicial processes as a reason to reduce bureaucracy and costs for small firms and autonomous professionals.

Separately, the Brazilian Bar Association Institute (IAB) has issued an opinion opposing Bills 4.888/20 and 5.848/25, which propose revoking the mandatory periodic review of preventive detention. The IAB argues these bills are unconstitutional because they remove a fundamental guarantee of individual liberty. While proponents of the bills argue that periodic reviews increase the judicial workload, the IAB rapporteur, Rodrigo Machado Gonçalves, stated that fundamental rights should not be suppressed to alleviate judicial demands, warning that removing reviews could turn precautionary detention into premature punishment.