Supreme Court Justice Mendes criticizes bill allowing private law practice for AGU members

Supreme Court Justice Gilmar Mendes has voiced strong criticism against a proposed law that would permit members of the Attorney General's Office (AGU) to simultaneously practice private law. Mendes argued on social media that such initiatives represent a broader trend of prioritizing "corporate demands over the duties of the office." He believes the bill subordinates the AGU's constitutional function to the private interests of its members.

The bill in question, approved by the Constitution and Justice Committee of the Chamber of Deputies, would allow Union lawyers, National Treasury attorneys, and federal and central bank attorneys to practice law outside their official capacities. However, it excludes those in appointed or trust positions. These professionals would be barred from acting against the Union, its agencies, or public companies. They would also need to inform the AGU beforehand, and the office would be required to publish a list of those engaging in private practice.

Mendes, a former Attorney General himself, suggested that instead of opening the door to private practice, Congress should pass a constitutional amendment permanently banning the practice. He noted that this issue already exists at the state level. He deemed the proposal "especially serious" because these professionals are already among the highest-paid public servants, a situation he described as "clearly out of step with the reality of most Brazilians." The bill has been in legislative process since 2016, with Felipe Francischini serving as the rapporteur.

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a proposta subordina “a função constitucional da AGU aos interesses privados de seus membros”