Panel SA: Candidates for OAB-SP criticize project to raise fees charged in court proceedings

Candidates for the presidency of the OAB (Ordem dos Advogados do Brasil) of São Paulo criticize the bill sent by the Court of Justice to the Legislative Assembly to increase fees charged to users of the São Paulo justice system.

In their assessment, the readjustment is inappropriate at the time of economic crisis and would make it difficult for the population to access services.

For the lawyer and legal advisor Alfredo Scaff, any increase in the tax burden must be accompanied by a robust justification and, in his view, the change would serve as a mechanism to reduce judicialization.

“From a social point of view, it is absurd, considering that, in the very recent past, procedural costs have already increased, especially the preparation of resources for the SP Court”, he says.

He suggests cutting monthly expenses in the jurisdictional structure to solve the financial issue.

Caio Augusto Silva dos Santos, the current president who is running for re-election, says he is concerned about the bill at a critical socioeconomic moment in the country.

“Judicial costs are governed by the principle of retribution, so that their calculation basis must be the price of the service itself, as its function is limited to strict remuneration for the service provided, not including collection claims”, he says.

The criminalist Dora Cavalcanti defends that the OAB-SP mobilizes to avoid the approval of the bill in the Legislative Assembly.

“At a time of impoverishment of society as a whole, whether due to the effects of the pandemic or the accumulated inflation in recent years, which dramatically affects the most needy, the increase in costs has the practical effect of hindering access to justice, which is a guarantee constitutional guaranteed to all”, he says.

Patricia Vanzolini, a criminal lawyer and professor, also believes that the project makes it difficult for citizens to access the judiciary, in addition to reducing the labor market for lawyers. For her, this is not the time to increase fees and costs, and the OAB must manifest itself on the matter.

Also a candidate, criminal lawyer Mário de Oliveira Filho did not respond.

The Court of Justice of São Paulo wants to be able to charge for services such as electronic submission of summons and subpoenas, in addition to increasing from BRL 290.90 to BRL 436.35 the court fee for filing an interlocutory appeal for 2021 amounts Under the project, the rate of initial costs would rise from 1% to 1.5%.

with Mariana Grazini e Andressa Motter