OAB legal rights litigation in Brazil

The Brazilian Bar Association (OAB-BA) obtained a preliminary injunction through a habeas corpus filed with the 1st Criminal Chamber of the Court of Justice of the State of Bahia (TJ-BA). This ruling reversed a previous decision in Salvador that had suspended the professional activities of three lawyers linked to ‘Operação Perjúrio’ (Operation Perjury).

Relator Judge Jatahy Júnior determined that the suspension was disproportionate. The court noted that while the Public Prosecutor's Office (MP-BA) had requested searches, seizures, and asset freezes, it had not requested the suspension of legal practice. The court found the initial ban excessively restricted the constitutional right to work by blocking access to electronic court systems, which would have prevented the lawyers from managing cases unrelated to the investigation.

Although professional practice has been restored, the court maintained other precautionary measures, including asset freezes and searches. The investigation is focused on a scheme involving falsified documents, such as altered powers of attorney and residency proofs, used to facilitate hundreds of lawsuits against financial institutions.