JUDICIAL SUSPENSION OF LEGAL PRACTICE: UNCONSTITUTIONALITY AND THE EXCLUSIVE COMPETENCE OF THE BRAZILIAN BAR ASSOCIATION (OAB)

Abstract

This article aims to analyze the constitutional and legal limits of the judicial suspension of the professional practice of law, particularly when imposed ex officio by first-instance courts or by decisions of Courts of Justice without the initiation of disciplinary proceedings within the Brazilian Bar Association (OAB). Based on a dogmatic and jurisprudential approach, it examines the tension between criminal jurisdiction and the institutional autonomy of the OAB, the body constitutionally entrusted with supervising and sanctioning the conduct of its members. The analysis addresses the application of the principles of due process of law, full defense, professional freedom, and functional inviolability, all of which are enshrined in the Federal Constitution. It is argued that suspension directly imposed by judicial decision, without adversarial proceedings and without explicit legal provision, constitutes a violation of strict legality, separation of powers, and the exclusive competence of the Brazilian Bar Association. In conclusion, the article proposes a normative interpretative thesis that prohibits the autonomous judicial suspension of the practice of law, emphasizing the need for uniformization of the matter by the Superior Court of Justice and for constitutional definition by the Federal Supreme Court.