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Home > Country profiles > Brazil > Articles > Article detail

Brazil on the Edge of Making Lawyers Mandatory for Mediation

Monday, 10th July 2018

"Brazil is on its way to making lawyers mandatory on mediation procedures. Last month the House of Representatives approved a bill (PL 5.511/2016) that reads, in a free translation, “it is mandatory the presence of Lawyers in consensual dispute resolution procedures, such as mediation and conciliation”. Now the Senate will analyze the subject before it goes for the final approval of the President.

Let me give you a small note on Brazilian Legislative procedures. Every bill contains the first draft and the justification for the intended change. Depending on the subject, it goes to some specialized committees. The most important committee is the Committee for Constitution and Justice, which analyzes whether the project is constitutional or not. A rapporteur is nominated and presents a vote. After approval from all committees, with or without changes, the bill goes for the plenary. However, when no representative presents any appeal, it is possible for it to go straight for the other house, without a larger discussion and voting. This is what happened in this case.

One of the most important stakeholders behind the bill is the Brazilian Bar Association (Ordem dos Advogados do Brasil), which sent its regional leaders to Brasilia in order to speak with representatives and present their point of view. The justification for this change is that mandatory presence of lawyers in mediation procedures will enable the constitutional principle of Access to Justice and Due Process. Both the author and the rapporteur of the project of law presented this argument. In addition, they both reference only to the Brazilian Civil Procedural Code, which regulates mediation when it occurs within a trial. Here an important note: mediation professionals still do not have a level of organization and a comprehensive national association, which can make the case in the political scenario in Brasilia. This might explain why there was no larger opposition to this bill in the Lower House."

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Source: Find Resolution
Language: English
Contact: Andrea Maia

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