Lawyer · Brazil
Website advertising rules for lawyers in Brazil
Lawyers answer to their regulator's advertising and conduct rules as well as to privacy law. This is what OAB Provimento 205/2021 (publicidade da advocacia) means for your website: testimonials, claims, fees, titles and the details you must show. It applies only to sites of that profession, and only where you are licensed. For the general laws every site in Brazil must follow, see Brazil's laws.
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OAB Provimento 205/2021 (publicidade da advocacia)
Dated 15 July 2021 and published 21 Jul 2021; it replaced Provimento 94/2000.
Who it covers: Advocates and law firms registered with the OAB. Foreign law consultants only for foreign-law advice. Code of Ethics (CED) arts. 39-47 were not read. Set by the Conselho Federal da OAB and each seccional's ethics tribunal.
What it requires of a website or app (10)
- Advertising is merely informative, discreet and sober, with no client-capture ("captação de clientela") or commercialisationAI reviewProvimento 205/2021 art. 3
- No reference to fee amounts, payment terms, free services, discounts or price cuts to attract clientsAI reviewart. 3, I
- No information that could mislead or harm clients, other lawyers or societyAI reviewart. 3, II
- No announcing of specialities without a certified title or notorious specialisationAI reviewart. 3, III
- No persuasive, self-aggrandising or comparative wordingAI reviewart. 3, IV
- In active advertising: no promise of results, no use of concrete cases to offer services, and no mention of court decisions or results in cases you handleAI reviewart. 6 caput; art. 4 §2; art. 5 §3
- No display of cars, travel, lodging or consumer goods (wealth) in any advertisingAI reviewart. 6, sole paragraph
- No paying or sponsoring to appear in rankings, awards or honours; yearbooks only with a stated methodologyAI reviewart. 5 §1; Anexo Único
- The OAB's official logo and symbols are not usedAI reviewart. 5 §2
- A chatbot may answer first questions and pass information on but must not replace the lawyer's personal service; apps that answer legal queries from non-clients indiscriminately are not allowed (if the site has a chatbot or AI legal Q&A for non-clients)AI reviewAnexo Único (chatbots; legal-query apps)
Sources:OAB Provimento 205/2021
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A plain-language summary of what each law requires of a website or app, from the SafeLaunch rulebook, with the provision and official sources. It is not legal advice and not every duty in each law is listed.