Post by account_disabled on Mar 7, 2024 2:17:02 GMT -5
The OAB-SP requested this Wednesday (/) the intervention of the Legal Assistance Agreement, which is currently managed by the Public Defender's Office of the State of São Paulo. In the appeal , taken to the th Civil Court of the Federal Court of São Paulo, the lawyers demand the appointment of a judicial administrator "to guarantee compliance with the injunction obtained in , in a Writ of Mandamus, continuing the Agreement until a definitive solution".
In the action, the OAB-SP says that it intends to “repair damages and avoid losses caused by the mismanagement of the Legal Assistance Agreement, which is posing obstacles to the smooth running of judicial provision to the needy population of the State”.
According to the president of OAB-SP, Luiz Flávio Borges D'Urso, the joint commission created informally to align the relationship between the Public Defender's Office and OAB has been exaggerating its competence, by defining statements “in an illegal manner and giving them normative force”. Therefore, the entity requests the suspension of the “illegal and null acts” of the Public Defender’s Office, which would be violating the injunction.
In a note sent to ConJur , the Public Defender's Office BTC Number Data claims that the request for intervention in the Legal Assistance Agreement is devoid of any legal support, as it is strange that a clearly unfounded claim is brought to the Judiciary for consideration. For the Public Defender's Office, this is an obvious attempt to exert pressure in reaction to the legitimate and necessary process promoted by the Public Defender's Office to analyze the regularity of all certificates that generate payments to lawyers enrolled in the agreement.
According to the note, “the Public Defender's Office has been strictly complying with the terms of the injunction issued by the th Civil Court of the Federal Court in SP. The appropriate clarifications will be made to the competent Court.”
Sectional counselor Jarbas Machioni, author of the OAB-SP appeal, states that the changes defined by the Ombudsman's Office take place “in contravention of the original text and the court decision”. He says that the Order sought a solution to the problem several times, proposing that the demands be removed and the statements revoked, but this was not met by the Public Defender's Office.
Payment of Fees
The OAB-SP also requests that, under penalty of a daily fine, payment of certificates of fees, withheld or with reduced values, be made, reversing the value of the fine to the contracted lawyer, “who has been harmed by the arbitrary measure, which already has around thousand certificates throughout the State”. “The odiousness of the situation is obvious, even more so considering that lawyers with retained or reduced fees had to work first in the hope of receiving payment later, and now find themselves cheated”, says the appeal.
In the action, the OAB-SP says that it intends to “repair damages and avoid losses caused by the mismanagement of the Legal Assistance Agreement, which is posing obstacles to the smooth running of judicial provision to the needy population of the State”.
According to the president of OAB-SP, Luiz Flávio Borges D'Urso, the joint commission created informally to align the relationship between the Public Defender's Office and OAB has been exaggerating its competence, by defining statements “in an illegal manner and giving them normative force”. Therefore, the entity requests the suspension of the “illegal and null acts” of the Public Defender’s Office, which would be violating the injunction.
In a note sent to ConJur , the Public Defender's Office BTC Number Data claims that the request for intervention in the Legal Assistance Agreement is devoid of any legal support, as it is strange that a clearly unfounded claim is brought to the Judiciary for consideration. For the Public Defender's Office, this is an obvious attempt to exert pressure in reaction to the legitimate and necessary process promoted by the Public Defender's Office to analyze the regularity of all certificates that generate payments to lawyers enrolled in the agreement.
According to the note, “the Public Defender's Office has been strictly complying with the terms of the injunction issued by the th Civil Court of the Federal Court in SP. The appropriate clarifications will be made to the competent Court.”
Sectional counselor Jarbas Machioni, author of the OAB-SP appeal, states that the changes defined by the Ombudsman's Office take place “in contravention of the original text and the court decision”. He says that the Order sought a solution to the problem several times, proposing that the demands be removed and the statements revoked, but this was not met by the Public Defender's Office.
Payment of Fees
The OAB-SP also requests that, under penalty of a daily fine, payment of certificates of fees, withheld or with reduced values, be made, reversing the value of the fine to the contracted lawyer, “who has been harmed by the arbitrary measure, which already has around thousand certificates throughout the State”. “The odiousness of the situation is obvious, even more so considering that lawyers with retained or reduced fees had to work first in the hope of receiving payment later, and now find themselves cheated”, says the appeal.