A lawyer registered in Bahia commits a disciplinary infraction while acting in a case in Pernambuco. Under Article 70 of the Estatuto da Advocacia, which body has the power to punish him?
Answer and explanation
Correct answer: D. The Conselho Seccional of Pernambuco
- Step 1: Article 70 gives the disciplinary power exclusively to the Conselho Seccional in whose territory the infraction took place. Step 2. The infraction happened in Pernambuco, so its Conselho Seccional is competent. Answer: The Conselho Seccional of Pernambuco. Why not the others: The Seccional of Bahia is where he is registered, not where the infraction occurred, the Conselho Federal judges only infractions committed before it, and courts do not apply OAB disciplinary sanctions.
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