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Brazil: Brazilian Bar Association Decides Violence Against Women, the Elderly, Children, Adolescents, and Persons with Physical and Mental Disabilities Precludes Membership

(Apr. 3, 2019) On March 18, 2019, the plenary of the Federal Council of the Brazilian Bar Association (Conselho Federal da Ordem dos Advogados do Brasil, CFOAB) enacted a decision (súmula) disqualifying law graduates who had committed aggression and violence against women from enrolling in the Bar. (Conselho Pleno Decide que Violência Contra a Mulher Impede Inscrição nos Quadros da Ordem, NOTÍCIAS OAB (Mar. 18, 2019), Federal Council website.)

The request for the enactment of the decision was made by the National Commission of Women Lawyers in consultation with the CFOAB plenary regarding the moral suitability of perpetrators of such violence for obtaining admission to the Bar. (Id.)

The rapporteur of the case, Federal Counselor Rafael Braude Canterji (OAB-RS), voted for the decision, stating that violence against women, whether physical or not and whether arising from disdain or discrimination, by a future candidate for OAB membership makes the candidate morally unqualified for admission. (Id.)

After approving this decision, the CFOAB approved another decision to disqualify on moral grounds perpetrators of violence against the elderly, children, adolescents, and persons with physical and mental disabilities from admission to the Bar. (Id.)