The lawyer and the ethics

The Federal Constitution of 1988 assures her/it all the Brazilians and to the resident foreigners in the country the right to the life, to the equality, to the freedom, to the property, to the safety, that you/they are current of the democratic State of Right. The respect to the law and the order is essential for the society can grow and the country has conditions of receiving external resources that you/they take generation of new jobs.

The responsible organ for the preservation of the rights and warranties assured the people, Brazilians and foreigners, residents in the country are the Judiciary Power, through their Judges, that in Brazil only if they turn magistrate in headquarters of first instance by a public contest of proofs and titles with the participation of the Order of the Lawyers of Brazil. To the Poderes Executivo and Legislative is reserved the mission of supervising the activities developed by the other organs. The system of brakes and against-brakes are a warranty against the abuses or excesses that can be committed in the exercise of the public functions.

The lawyer in a democratic system possesses a paper of extreme importance for the preservation of the order and of the insured rights to the citizen. In the exercise of his/her private ministry that possesses a public múnus the lawyer he/she is a transformation agent and it contributes so that the right can accompany the evolutions of the society. The art. 2nd, caput, of the Code of Ethics of the Legal profession says expressly that, “THE lawyer, indispensable to the administration of the Justice, it is defensive of the democratic state of right, of the citizenship, of the public morality, of the Justice and of the social peace, subordinating the activity of his/her Private Ministry to the high public function that it exercises.”

In the exercise of their attributions, the lawyer is not able to and it doesn't owe in any moment to forget of fundamental beginnings that you/they govern the relationships in judgement, as the beginning of the procedural loyalty, the beginning of the urbanity to the friends, the respect to the law, and to the beginnings enumerated in the Code of Ethics of the Statute of the Order of the Lawyers of Brazil.

The professional of the right should be prepared for the victories or defeats in the exercise of their functions, and you/he/she should contain their passions for these not to impede his/her professional growth, and be not still reason discord among their pairs for, that you/they deserve respect.

The fight for the right doesn't owe if it transforms in a personal battle where a lawyer sees in the other an enemy to be expired or overcome. The right is made of arguments that should be base, the ones which for force of the determination in law will be analyzed by the Judiciary Power. It will fall to the judge to examine the facts brought to the collation and the produced proofs so that it can form his/her convincing judgement and to decide which of the parts, author or defendant, it possesses the right to be protected.

The lawyer is the first judge of the cause, that it becomes aware of the suffering and of his/her future customer's pain. In the search of the preservation of the social peace it should stimulate the conciliation as form of putting end to the litigation. The art. 2.º, only paragraph, interruption VI, of the Code of Ethics, says that, “the lawyer's Saint duties: to stimulate the conciliation among the litigants, preventing, whenever possible, the instauração of litigations.”

The respect to the friends also presupposes not to accept causes to be being sponsored already by other lawyers. Only by substabelecimento it is that a new professional can assume the cause and to show on behalf of the customer. The art. 11 of the Code of Ethics set down that, “THE lawyer should not accept procurement of who already has constituted patron, without previous knowledge of this, safe for fair reason or for adoption of urgent and undelayable judicial measures”

The lawyer should also avoid to comment on cases that are under his/her patronage or of a friend. In that sense, the art. 33, interruption II, of the Code of Ethics, sets down that, “THE lawyer should refrain of: II-to discuss, in any popularization vehicle, it causes under his/her patronage or friend's patronage”. Those rules are essential in the exercise of the profession, and it assures to their members the respect that always accompanied to the lawyers' noble class since the times of the Roman Empire.

The humanity's history demonstrates that the lawyers were the great responsible for the fight of the rights and the citizen's fundamental warranties. India owes Ghandi, that graduated in right in England and that it exercised lawyer's profession in South Africa, his/her liberation of the imperial domain. Brazil has in Sobral Pinto, Evaristo of Morais, Evandro Lins and Silva, Tales White Castle and many other, the fight example for the freedom and construction of the democratic State of Right.

The professional of the right should find in the Ethics the necessary lessons to exercise with independence the more beautiful woman of the professions, that allows to the lawyer to defend his/her fellow creature and to contribute for the aprimoramento of the nation and of the institutions, in the search of a country that is fairer and fraternal, where the freedom and the equality are a reality.

Notes:

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