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To know for sure what the motivations are, however
There is only transparency.Substitute federal judge Maria Catarina de Souza Martins Fazzio granted the request for urgent protection formulated by the Bauru (SP) subsection of the Brazilian Bar Association (OAB) so that a company not linked to law stops offering legal services to potential interested parties in demands against the National Social Security Institute (INSS). The decision also determined the seizure of documents and other materials related to the practice denounced by the entity. reproduction Company offered its services to those interested in processing the INSS Reproduction "It is demonstrated, based on this summary analysis, that the defendant offers exclusive legal activities, without qualification to do so, in violation of the OAB Statute, and/or is being used by or acting improperly with a lawyer to raise cases, which characterizes disciplinary infraction (article 34, IV, of the Statute)", argued the judge in the decision.
The judge considered the periculum in mora (danger in delay) evident, which is why she granted the injunction, a decision taken in the case file of a public civil action filed under the OAB subsection. Maria Catarina Fazzio granted the request for search and seizure on the grounds that it is necessary to avoid "risk to the useful result of the process", with the possible perishing or destruction of evidence after the action is known. The collec Special Phone Number Data tion of these materials, according to the judge, is to ensure the right of the OAB, as supervisor of legal activities, to initiate possible administrative disciplinary proceedings. Judicial attack According to the initial statement, the legal entity Nacional Cálculos, represented by a woman not registered with the OAB, set up shop in Bauru under the pretext of providing social security administrative consultancy services, but, in truth, it would ostensibly act in capturing of clients to file legal actions against the INSS. The legal services offered would be retirement review and others related to topics that have repercussions in the media. The legal entity's main economic activity is "preparation of documents and specialized administrative support services not previously specified", while its secondary activity concerns "clothing and accessories". However, according to the author, the defendant sends correspondence to numerous people, retirement beneficiaries, offering them services that, under the terms of article 1 of Federal Law 8,906/1994, are activities exclusive to law, characterizing the illegal exercise of the profession. The defendant's modus operandi consists of illegally obtaining a list of names, addresses and CPFs of INSS policyholders, added the subsection of the Order. The next step is to send correspondence in direct mail format, offering legal advice with a promise of results, using ambiguous and seductive texts in order to co-opt the recipients, simple, elderly and/or vulnerable people, to hire the services. |
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