May a lawyer be arrested in flagrante delito for a crime committed while practising, under Article 7, §3 and IV of the Estatuto da Advocacia?
Answer and explanation
Correct answer: C. Only for an unbailable crime, with an OAB representative present when the arrest record is drawn up
- Step 1: The Statute protects lawyers from arrest for professional reasons. Step 2. Arrest in flagrante is possible only for an unbailable crime and with an OAB representative present, otherwise it is null. Answer: Only for an unbailable crime, with an OAB representative present when the arrest record is drawn up. Why not the others: absolute immunity does not exist, notice after thirty days is insufficient and a disciplinary conviction is not required.
Practise more Advocacy Statute and Professional Ethics.
Free questions with an explanation for every one, and full timed OAB Bar Exam (Exame de Ordem), First Phase mock tests.
More Advocacy Statute and Professional Ethics questions
- Which of these is a requirement for registration as a lawyer under Article 8 of Lei 8.906/1994?
- What is the lawyer's compromisso (oath) under Article 20 of the Estatuto da Advocacia?
- Which activity is absolutely incompatible with the practice of law under Article 28 of the Estatuto da Advocacia?
- What is the difference between incompatibility and impediment (impedimento) in the Estatuto da Advocacia?
- Under Article 7, III of the Estatuto da Advocacia, which prerogative do lawyers have regarding detained clients?
- Where must the constitutive acts of a law firm (sociedade de advogados) be registered under Article 15, §1 of the Estatuto da Advocacia?