Disruption of the reciprocity agreement between OAP and OAB
Portugal surprised Brazil by unilaterally breaking the reciprocity agreement that allowed Brazilian lawyers to register with the Portuguese Bar Association (OAP). The two professional Orders had been talking about the subject for some months now, seeking ways to keep the agreement in force.
The agreement, which had been in force since 2008, facilitated the work of Brazilian lawyers in Portugal, eliminating the requirement for an internship or test to register with the OAP. This measure opened doors for Brazilian lawyers to practice in the European country, boosting the migration of professionals and planning for the internationalization of companies, in the same way that Portuguese lawyers also benefit from the same regime.
It is important to emphasize that Brazilian lawyers are highly qualified professionals, many of them working independently or in associated offices in Portugal. The performance of these professionals in the immigration market to Portugal, including real estate transactions, has been successful, however, it has also generated dissatisfaction among local lawyers.
The justification presented by the OAP for breaking the agreement is related to the differences between the legal practices of Portugal and Brazil, as well as the particularities of the digital judicial platforms and the formal procedures adopted in each country. The OAP argues that these differences would make it difficult for Brazilian lawyers to adapt to the Portuguese legal system, substantive and procedural legislation, as well as the legal platforms used in Portugal.
In any case, these differences will always be mitigated through the free training provided by both orders, in addition to not having been considered an issue in so many years of reciprocity protocol.
This breach of the reciprocity agreement between Brazil and Portugal for lawyers’ work shows a setback in relations between the two countries. The free movement of qualified professionals is essential for strengthening bilateral ties and exchanging knowledge and experiences. Law is a profession that transcends borders, and the exchange of experiences between lawyers from different countries enriches the practice of the profession and contributes to the development of the legal system on both sides, as well as international law.
The decision of the Portuguese Bar Association to break the reciprocity agreement may have negative consequences not only for Brazilian professionals, but also for the Portuguese legal system itself. The presence of Brazilian lawyers in Portugal contributes to diversity and the exchange of knowledge in the legal environment, enriching local law, in addition to bringing office expansion projects and company internationalization planning, which is of interest to the country.
Ultimately, it becomes essential to establish cooperation and reciprocity mechanisms that allow Brazilian and Portuguese lawyers to freely exercise their professional activities in both countries, thus providing for the exchange of knowledge and the mutual development of legal practices, thus making it possible to build a truly globalized law firm, based on equality and mutual respect, which strengthens relations between Brazil and Portugal and promotes justice in a broad and effective manner.
