Defesa dos Direitos Humanos e Proibição | Human Rights Defender and Prohibition of Raising Clients by The Lawyer
Author: Clément Mulewu Munuma Yôk
Publisher: Alende - Edições | Perfil Criativo - Edições
Year of publication: January 2021
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Father Mulewu Clément does not tire of calling attention to the qualities that must enamel the lawyer’s personality. And, as it could not be otherwise, he does so by not confining himself only to the very sensitive relationship between the client and his lawyer, allowing himself to present the causidico - the man of causes - as a true slave of Justice.
In the City of Men, however, we can only aspire to Justice, this being the very relevant role of the Lawyer. He is a servant of Justice - much more than his client - and in his defense of his constituents, he must be concerned with the proper, balanced and straight treatment of the interests placed in his care. Defending customers cannot be pretending that they have more than what belongs to them. It is, rather, to ensure that the law is respected, that no mischief is committed. Basically, in a Thomistic perspective, it is to guarantee that each one is given what is his own.
Mestre NUNO POMBO
FOREWORD BY DR. NUNO PIGEON
Chapter I - DEFINITION OF CONCEPTS
I.1. Concept of lawyer in the original and current sense
I.2. Advocacy as a liberal profession
I.3. Concept of ethics and deontology in the life of the lawyer
I.4. Relationship between client or constituent and the lawyer
I.4.1. Duty of knowledge
I.4.2. Duty of fidelity
I.4.3. Duty of equal treatment
I.4.4. Duty of information
I.4.5. Duty to seek the greatest solution
I.4.6. Duty of diligence in the processing of the case
I.4.7. Termination of the relationship with the constituent
I.5. Human rights concept
I.6. Disloyalty in transactions between the lawyer and your client
Chapter II - THE LAWYER AND THE VIRTUE OF TRUTH AND JUSTICE
II.1. The virtue of truthfulness
II.2. The virtue of justice
II.2.1. Justice as a cardinal moral virtue
II.2.2. Distributive Justice
II.2.3. Commutative Justice
II.2.4. General or Legal Justice
II.2.5. Private Justice
Chapter III - THE LAWYER AND HUMAN RIGHTS
III.1. The lawyer's mission in the defense of human rights
III.2. When can the lawyer protest against
human rights violations?
III.3. Reconciling human rights with the facts of the process
III.4. Fighting arbitrariness by the lawyer
III.5. Civil liability of the lawyer to the client, the Bar Association and the Court
Chapter IV - PROHIBITION OF RAISING CUSTOMERS UNFAIRLY
IV.1. At the initiative of the lawyer “kinguila”
IV.2. Per person brought
IV.3. Lawyer replacement and unfair fundraising from clients
IV.4. Advertising in front of the offices
IV.5. Exception to the prohibition on soliciting clients by lawyers chain chaplains
IV.6. Compliance with legality in not attracting customers illegally
Chapter V - THE MAIN GENERAL DUTIES OF THE PROFESSION LAWYER
V.1. Duties that emanate from the oath of the lawyer
V.1.1. The Dignity
V.1.5. The humanity
V.2. Other duties of lawyers
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