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ELECTION
“We are going to work to advance our actions even further”, says Daniela Borges who is seeking re-election for the presidency of OAB-BA
Lawyer competes for the “União Pela Advocacia” ticket
Published on October 29, 2024 at 05:00
Daniela Borges is running for re-election for the presidency of OAB-BA Credit: Márcio Lima
In 2021, she entered the history of the Brazilian Bar Association, Bahia section (OAB-BA). Daniela Borges is the first woman to hold the presidency of the entity. Tax lawyer, professor at the Federal University of Bahia (Ufba) and the Bahia Faculty of Law, she is running for re-election on November 19th for the 2025/2027 three-year period. “My candidacy comes so that we can further consolidate women in this space of leadership, this work that we have been doing throughout this three-year period”, declares, who is running on the “União Pela Advocacia” ticket, which has 86 registered candidates.
The OAB is an institution that represents lawyers as a professional class, supervises and guides the practice of law and prevents practices that violate the Code of Ethics. It was created on November 18, 1930, through Decree No. 19,408, signed by Getúlio Vargas. On April 11, 1932, the first provisional board of the Bahian section was elected, with João Marques dos Reis as president.
Now, 92 years later, the more than 61 thousand members will choose the new sectional board, sectional and federal counselors for Bahia, the board of the Lawyers’ Assistance Fund and boards of all subsections in the state. In an interview with CORREIO, Daniela spoke about several topics, including public safety. The current president said that “OAB has been working to get closer to government entities”. She said her priority is to further strengthen the defense of the institution’s prerogatives and financial transparency. Check out the full interview with Daniela Borges.
1 – If elected, what will be the role of the OAB in matters linked to social issues such as, for example, the rise in violence in Bahia?
Public security is something that touches every citizen deeply. And the practice of criminal offenses also reaches the justice system. All cases of crimes, including violence, result in investigations that can result in criminal proceedings in the judiciary and, ultimately, in the penitentiary system. OAB Bahia has been working to get closer to government entities. I met a few times with the Secretary of Public Security and an even greater number of times with the secretary of Seap (Secretary of Penitentiary Administration and Resocialization of the State of Bahia), dealing with topics related to the relationship between law, the public security system and the penitentiary system. Without a doubt, the intelligence service and the entire technological apparatus can contribute greatly to improving this public security system, especially in the area of prevention. The issue of violence permeates several social aspects. And the OBA is a partner and will increasingly participate in initiatives that promote greater public security, reducing inequalities and increasing the HDI (Human Development Index) to guarantee an effectively fairer society.
2 – What will be the priorities in your management at the head of the OAB, if elected, including how you intend to manage the budget estimated at R$ 38 million? (The reference value is that approved for this year)
In the next three years, we will work to advance even further, towards better judicial provision throughout the state, with the appointment of judges and civil servants, to have a faster Judiciary. The budget for 2025 has not yet been approved, but a large part of the resources will be used to maintain existing services, structures and equipment throughout the state of Bahia, to pay the fixed costs of the headquarters of the 37 subsections, of the 240 fully equipped legal rooms throughout the state and the numerous benefits offered to the legal profession. We will manage these resources with the same responsible responsibility that characterizes our management and that guaranteed the approval by the OAB Federal Council of the OAB-BA Accounts, referring to the year 2022 and also the approval of the accounts referring to 2023, with praise.
3 – How do you see the issue of the institution’s financial transparency and how do you intend to apply it?
Transparency is fundamental and OAB’s commitment to being transparent and participatory is present in all its actions. In 2017, when I was director of the OAB’s treasury, we launched the Transparency Portal, the first in the section’s history, which brought together managerial, financial and administrative data, so that the Bahian legal profession could know in detail everything that is done within the OAB. Order. In this administration, the OAB Bahia Transparency Portal was incorporated into the National Transparency Portal, launched by the Federal Council of the OAB, and brings reports, balance sheets and the section’s resources framework, aiming to make access increasingly simpler and easier. from Bahian law to the day-to-day life of the OAB.
4 – An issue highlighted by the category is the fact that the OAB does not have a health plan for its 61,262 members, while in Paraíba, where there are just over 21 thousand lawyers, the category has a dental plan funded by the Sectional, in addition to medical assistance in the co-participation system. What do you propose in this regard?
The Bahia Lawyers Assistance Fund, CAAB, is the social arm of the OAB and has been fulfilling its commitment to take care of the health of lawyers, interns and their dependents. During this three-year period, more than 100 thousand services were provided in the area of health and well-being. This year, we increased vacancies in psychology services by 300%, with the creation of the CAAB psychology center. We expanded health plan options, contracting directly with operators. We provide more than 50 thousand doses of flu vaccine. CAAB offers general practice, gynecology, nutrition, acupuncture and dentistry consultations. In addition to Salvador, dental services are also offered in Itabuna and Vitória da Conquista. In addition, CAAB offers consultations in pulmonology, urology, gastroenterology, endocrinology, geriatrics, pediatrics, otorhinolaryngology, proctology, dermatology, cardiology and ophthalmology. And in the next three years, we will maintain and expand these services.
5 – One of the issues on the category’s agenda is the violation of prerogatives, which are rights that guarantee lawyers the possibility of defending their clients with autonomy and independence, without fear of embarrassment or diminishment of their role, provided for in Federal Law No. 8,906/ 94, the Law Firm Statute. Rape often happens in public bodies, such as police stations, forums, courts and prisons. How will you act to resolve this problem?
We will advance even further in strengthening our prerogative defense system. The Prerogative Attorney’s Office takes care of the legal arrangements for each case. And this year alone, he has already worked 84 times to defend the rights of lawyers before the Judiciary. Furthermore, the Prosecutor’s Office and our section also work to combat structural problems in judicial units. We want to act to reach out to the lawyer facing the problem, but we also act to prevent further violations of prerogatives from occurring. It is important to highlight the creation of the national register of violators of prerogatives, which means that today the authority that has a compensation against it (measure taken to repair an offense or injustice against a lawyer) has its name registered in this register and, if one day it tries joining the OAB, your registration will be denied.
6 – Today, a lawyer receives payment for services provided based on an OAB fee table. However, some members report that, in some cases, the category receives below this table. How do you intend to resolve the minimum salary issue?
In 2016, the OAB-BA submitted a proposal to the governor that establishes a minimum wage for Bahian lawyers. We restarted negotiations and currently continue to fight with the governor, so that the OAB-BA can finally have its law setting the minimum salary for lawyers. While we do not have this law, the OBA-BA approved a reference salary floor. It does not have binding force due to current federal legislation, but it is a way for the OAB-BA to analyze minimum parameters for the valorization of Bahian law. We propose to strengthen the defense of legal prerogatives and fees, creating a specialized attorney’s office to defend legal fees. Obtain the approval of the salary minimum for lawyers through state law and remain firm in confronting all cases of debasement of Bahian legal fees.
7 – The category calls for a greater look from the OAB at the interior of the state. Some lawyers complain about the body’s lack of supervision regarding the progress of cases, as many judges are in districts, but do not appear and hearings take a long time to take place. How do you intend to resolve the situation?
We know that those who feel the most about the structural problems of common justice are the interior: lack of judges and civil servants and judges who do not serve. And that’s why we fought tirelessly for the appointment of all judges on the reserve list, which actually happened. Soon after, we started the fight for a new competition, because we still have a deficit. The server problem. We fought for the contest and it was done. Now, we are fighting for the appointment of the reserve register. We created Movimentação, an application where the lawyer contacts the OAB and we then instruct the judge to move the process that has been stopped for more than 100 days. A positive result in 60% of cases and, in cases where there is no positive result, we forward it to the Internal Affairs Department. Our commitment is to further strengthen these actions so that we have a dignified jurisdictional provision with the entire state of Bahia.
8 – Another problem pointed out by members from the interior is the fact that the OAB has only 37 subsections for a state with 417 municipalities. What do you intend to do about this representation?
We have made a lot of progress in this three-year period, in our presence in the interior, and in the next three-year period we will advance even further. In addition to creating the Seabra subsections, we currently have 240 offices throughout the state, including in municipalities that don’t even have forums, a commitment to be present where the legal profession is. And this plan, which has already proven to be the biggest investment in expanding OAB’s presence throughout the interior of Bahia, will advance even further. It is our commitment to be ever closer to Bahian law, with the creation of subsections, with the arrival of OAB rooms, in every corner of Bahia.
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