The Senate concluded today (11) the vote on the bill (PL) 5.284/2020, which sets limits and criteria for search and seizure operations in law firms. The project reinforces the exceptional nature of this type of operation, in addition to the fact that it cannot be carried out solely on the basis of plea bargaining statements. The text goes to presidential sanction.
According to the project, there must always be a representative of the Brazilian Bar Association (OAB) to accompany the search and seizure, in addition to the lawyer whose office is being investigated. The OAB representative must ensure compliance with the warrant, and may prevent documents, media and objects not related to the investigation from being analyzed, photographed, filmed, removed or seized.
The project also deals with other topics related to the practice of law, such as the crime of prerogative violation, guarantee of fees, telework, rules for internship, form of society, working hours and oral defense.
The basic text of the project was approved in yesterday’s Agenda (10), but due to the lack of a quorum at that time, the vote on the highlights (amendments highlighted for separate voting) was scheduled for the following day. There were two highlights, one by Mara Gabrilli (PSDB-SP) and another by Alessandro Vieira (PSDB-SE). The emphasis of the senator from São Paulo was intended to remove items from the project, as she understood that the text gave lawyers excessive protection.
Vieira’s amendment, on the other hand, removes an article that guarantees the redemption of part of the fee in the event of a blockage. In the senator’s view, a privilege that consists of guaranteeing receipt of up to 20% of fees under universal client block is unreasonable and violates the principle of isonomy. Both amendments, however, were rejected in plenary.
*with information from the Senate Agency