THE LIMITS OF THE REGULATORY POWER OF PROFESSIONAL COUNCILS AND THE NEED FOR DUE OBEDIENCE TO THE PRINCIPLE OF LEGALITY: A STUDY ON PRESCRIPTION IN THE ADMINISTRATIVE PROCESS OF THE OAB

Abstract

The general objective of this study is to analyze the limits of the regulatory power of professional councils and the need for due observance of the principle of legality, considering the case of Order of Lawyers of Brazil (OAB's) Summary 1 of 2011 and its counterpoints to article 43 of Law 8.906 / 1994. Bibliographical research, which is classified as qualitative regarding the approach; exploratory and descriptive about the objectives, making it possible to respond to the research problem by searching the specialized literature, doctrine and current legislation for the information needed to develop this research. From this study it was possible to verify the violation of the principle of legality by OAB's Summary 1 of 2011, since it violates Article 43 of Law no. 8,906 / 1999, by modifying the beginning of the counting of the fluency of the prescriptive period of the disciplinary process, with that extrapolated the limit of the regulatory power that he / she has, since I walked in no time speaks that the official finding of the disciplinary fact must be only by the OAB.