ANALYSIS OF THE POSSIBILITY OF REGISTRATION WITHIN THE LAWS OF BRAZIL'S LAWYERS (OAB) AND MORAL INIDONEITY IN VIEW OF VIOLENCE AGAINST WOMEN

Abstract

The purpose of this paper is to analyze the possibility of the applicant's enrollment in the OAB staff due to moral disadvantage due to violence against women, discussing the Precedent No. 09 of the Federal Council of the Brazilian Bar Association (CFOAB). The nature of the research, in terms of level, was exploratory and, in terms of its approach, qualitative. The procedure used for data collection was documentary and bibliographic. The approach method was deductive. There was a divergence in the doctrine about the unappealable transit in the criminal sphere so that there may be the impediment of enrollment in the OAB staff, as well as the absence of a definition regarding the moral unfairness and the infamous crime. The procedures to be adopted are often confused, when the applicant is unfit to apply and when the lawyer is unfit, as well as the procedure when the crime or infamous crime is practiced by the applicant to the application and when the crime or infamous crime is committed by a lawyer. It is concluded that Precedent No. 09, approved to provide greater stability to the legal system and assist in the interpretation of similar cases, leaves great gaps with certain terms used in its wording, more precisely regarding the concepts of moral unfairness and infamous crime, as well as its procedures, since both the Laws of the Advocacy and the CFOAB do not define such concepts, and may generate a wrong or abusive application for one of the parties.