TERRITORIAL JURISDICTION IN THE OAB’S DISCIPLINARY PROCESS: NORMATIVE ANALYSIS, INVERSE APPLICATION, AND INSTITUTIONAL COOPERATION

Abstract

This study examines territorial jurisdiction in the disciplinary proceedings of the Brazilian Bar Association (OAB), focusing on the “place of the act” criterion established in Article 70, § 2, of the General Regulations of the Statute of the Legal Profession. Using a legal-dogmatic approach, it combines normative analysis with a case study of the opinion issued by the Ethics and Disciplinary Committee of the OAB Marabá Subsection on April 8, 2025. The research demonstrates that the territorial criterion must be applied both directly—when the lawyer is not registered in the territorial base where the act occurred—and inversely—when the lawyer is registered in the subsection, but the act took place in another territorial base. Symmetrical application prevents procedural nullities, ensures procedural equality, and brings the investigation closer to the sources of evidence. The study also highlights the importance of institutional cooperation between subsections and sectional councils, as provided for in the OAB’s Disciplinary Procedure Manual and Resolution No. 0001/2022, as a means of reinforcing legitimacy and efficiency. It concludes by recommending the nationwide standardization of interpretation and the establishment of clear inter-organizational communication protocols to strengthen the effectiveness and legal certainty of the OAB’s disciplinary system.