As violações das prerrogativas dos advogados e o abuso de poder: uma análise da comarca de Barra do Garças-MT

Abstract

This study proposes to evaluate the violations of the prerogatives of lawyers caused by the abuse of power by public and private servants, as well as to demonstrate the consequences that these attitudes have for the practice of law, taking into consideration the actions of professionals in the judicial district of Barra do Garças-MT. The research question to be answered consists of which prerogatives have a higher incidence of violation, who is the violator and what are the consequences for the practice of law. The main objective brings the idea of directly answering the research question, followed by the secondary objectives that focus on creating perspectives of the situation of the prerogatives of lawyers in the judicial district of Barra do GarçasMT. In turn, the method adopted was that of quanti-qualitative research, by means of a systematic review of the scientific literature with the selection of articles from journals ranked qualis A and B published until the end of the year 2021, as well as an appreciation of laws The study aimed at bringing an overview of what is currently documented about the violations of the prerogatives of lawyers. Furthermore, the research was based on the elaboration, application, and analysis of a questionnaire containing fifteen questions that was answered by lawyers from the aforementioned judicial district. Thus, as a contribution to science, the research was committed to bringing an overview of the importance of the lawyer, of the OAB and the constant damage suffered by the justice system when a prerogative is violated. Furthermore, the main results show that, historically, since its creation, the practice of law has suffered violations and injustices, causing battles to be fought over the years for justice, freedom, and democracy, a fact that made it necessary for professionals to unite, resulting in the creation of the OAB, an entity that today is seen as the home of lawyers who are attentive and active in defense of professional prerogatives. In observing the context of the violations of prerogatives in the District of Barra do Garças-MT, what can be concluded, through the perception of the lawyers participating in the research, is the disunion of the class, followed by the lack of information, the fear of denouncing the transgressions and even the lack of confidence both in the public organs and in the OAB itself. In this way, the limitations of the research were present in the search for articles and doctrines that deal with the theme in a broad way and not only with isolated cases, and also in noting that there are eight hundred and eighty-two registered legal professionals in the County researched, but that the questionnaire, even when sent to all of them, received only thirty answers. Therefore, for future studies we propose to analyze the reason for the absence of manuscripts related to the theme, as well as to understand and seek justifications for the lack of interest of the professionals in contributing to studies that deal with their rights.