2023-07-18 14:12:33
Tuesday, July 18, 2023
It is urgent to reform the disciplinary code. Of course, as mandatory tuition becomes a reality, it must be us, like doctors and accountants, who judge our possible faults. The most urgent reforms, for me, translate into the following:
1. Who accuses if it can be the judge. The Constitutional Court, in a decision voted 5-4, concluded this by saying that no guarantee was violated. Perhaps this is one of the worst decisions made by those who must ensure respect for rights, also arguing issues of efficiency and ignoring the clear violation of an impartial judge and due process. In the world, and in penal law in general, it has evolved so that the function of accusing is not confused with that of judging. Here, we ignored it, allowing legal professionals to violate the basic and elemental guarantees already stated. Fortunately, the Court left the change open to a legislative issue.
2. The early termination of the process must be appealable only when it is denied. That should be the interpretation of the norm since it says that the decision that decides on the termination is appealable. It is not clear that it is only when it is accepted, but that is how it is being handled. Is it to say that the only guarantees that are protected are those of the complainant or the attorney? It is contrary to any logic that advocates due process and justice, to maintain that only those who are unhappy with a termination can appeal, and not the lawyer who requests it.
3. In the same sense as mentioned, the alleged nullity must be decided when it is initiated and not defer it to the first instance decision. An annulment affects the development of the process and must be the object of study and decision at the procedural moment in which it is alleged.
Finally, it must be clear that the lawyer subjected to a disciplinary process exercises a material defense. Therefore, when the magistrate considers that in the exercise of that material defense he could have offended him or been reckless, he must use the correctional powers, but he cannot be the object of a new disciplinary debate for that exercise of material defense.
The general rule is that the jurisprudence of the National Commission has been improving and giving guarantees, but specific cases in certain sections continue to persecute and punish lawyers for no reason. So I reiterate, it is time to appear as a union and demand respect and guarantees.
#Guarantees #lawyer