Com esse entendimento, o juiz Waldemar Claudio de Carvalho, da 14ª Vara Federal do DF, negou provimento a mandado de segurança impetrado por um advogado que foi proibido pela seccional da OAB do Distrito Federal de utilizar a ferramenta Google Ads como meio de formação de carteira de clientes.
Ao analisar o caso, o Tribunal de Ética da OAB-DF decidiu proibir o uso da ferramenta pois a mesma se assemelha aos impulsos patrocinados no Instagram, Facebook e outras redes. No pedido, o advogado afirmou que a postura não é consentânea com a evolução tecnológica da atualidade.
Para o juiz Waldemar Claudio de Carvalho, não há ilegalidade a ser corrigida, já que o Tribunal de Ética cumpriu sua função legal de responder às consultas que lhe são formuladas, suprindo lacunas normativas. Esse é o caso, já que a normativa para a categoria não é específica em relação ao uso de ferramentas tais quais o Google Ads.
"Não compete ao Poder Judiciário imiscuir-se nas razões de mérito do ato ora vergastado, em substituição à atuação do órgão competente, sob pena de violação ao comezinho princípio da separação de poderes", concluiu o magistrado.
Outra seccionais
O posicionamento da seccional do DF não é unânime sobre o tema, que tem gerado discussão na advocacia. Tribunais de Ética e Disciplina da OAB da Bahia e de São Paulo têm autorizado que escritórios de advocacia comprem anúncios no Google Ads, por exemplo.Clique aqui para ler a decisão
1034350-16.2020.4.01.3400
Por Danilo Vital
Fonte: Conjur
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