Desincentivo à mercantilização da advocacia ou resistência ao futuro: os limites do marketing pessoal e da publicidade jurídica para advogados no Brasil sob a ótica da atualização ético-normativa do provimento 205/2021

Abstract

This academic study aims to analyze the social circumstances that made it necessary to flexibilize the ethical-professional rules of the Brazilian Bar Association (OAB, in Portuguese) linked to legal advertising, regulated, until 2020, strictly by the Code of Ethics and Discipline of the OAB and, especially, by the anachronistic Provision 94/2000. From a historical and deontological analysis, it seeks to understand how the technological revolution boosted the social aspirations of the legal community for the flexibilization of advertising restrictions, in search of greater legal certainty, especially in the context of the use of social networks, which was a controversial theme in the Ethics and Discipline Courts of each section of the Order. This claim culminated in the approval of the modern Provision 205/2021, which, after two decades of intense digital change, revolutionized ethical-advertising guidelines. In this context, it investigates how the evolution of Marketing theory made this normative update possible without violating the principle of non-commodification of law. Besides that, it explores how the Brazilian ethical perspective is not an absolute model from the view of Comparative Law and elucidates the effects arising from the new provision, both for lawyers and society in general.