Post by account_disabled on Mar 12, 2024 22:29:26 GMT -5
Ary Raghiant Neto, deputy general secretary of the Federal Council of OAB TRE-MS
The Brazilian Bar ociation wants to comb legal services startups and check whether there are lawyers behind them acting irregularly.
According to Ary Raghiant Neto , istant general secretary of the Federal Council of the OAB, it is possible that these companies are illegally practicing law, m advertising and also attracting clientele with the help of third parties.
“These startups offer legal services Portugal Mobile Number List which, according to Law 8,906/94 [Advocacy Statute], is a private act of a lawyer or law firm, therefore, the OAB has the legitimacy to carry out these investigations. It’s like a pharmacist doing medical consultations, you can’t”, compares Neto.
A recent report by the newspaper O Estado de S.Paulo based on a survey by the Brazilian Institute of Aeronautics shows that the number of actions proposed by consumers against airlines jumped from 64 thousand in 2018 to 109 thousand just between January and July this year.
The newspaper states that, among the reasons, is the proliferation, in the last year, of startups that help pengers sue airlines for travel problems.
“The Order met with airline representatives to request the necessary evidence to prove what has been heard for years; The initiative, in this case, was from OAB and will also be extended to other sectors very soon”, warns Neto.
The companies were left to provide the OAB with evidence of directing clients spread across Brazil to a few law firms linked to the startups , and other elements that could prove that the consumer was being harmed.
According to Neto, there are allegations that consumer “rights” are acquired for negligible amounts and then their names are used in court to obtain compensation ten times greater than the amount advanced to the “injured party”, but this money would not arrive, according to reports. , to the holder of the material right. “We will check all hypotheses and act very rigorously.”
“The OAB has two concerns: with the citizen who must be isted by a lawyer of his choice and who provides him with all qualified technical istance, but also with the professional himself who cannot suffer unfair competition from someone who is not a lawyer or who uses mechanisms that are reprehensible by law to attract customers.”
“If the service is commercial, what justifies, for example, the intermediation carried out by some startups for small law firms that sponsor thousands of consumers? Was the choice of these lawyers an initiative of the consumer themselves? The indications say no, but we need to go deeper and that is what we will do with great responsibility and parsimony”, guarantees Ary Raghiant Neto.