OAB 1a Fase Practice Questions - OAB Exame De Ordem Unificado - 1a Fase (Prova Objetiva) Exam

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Attorney Lucas launches an aggressive advertising campaign on social media and regional radio stations. He publishes posts promising 'guaranteed 100% success in social security revisions' and distributes promotional flyers offering free initial consultations with 50% discounts on legal fees. Under the OAB Code of Ethics and Discipline (CED) and CFOAB Provimento 205/2021, how should Lucas's conduct be classified?

Lawful, because the Brazilian Constitution guarantees free enterprise and full commercial freedom of advertising for liberal professions Lawful regarding radio broadcasts, but illicit regarding the distribution of discount flyers and promotional discounts Ethically illicit, because legal advertising must maintain an informative nature, sobriety, and discretion, expressly prohibiting the mercantilization of the profession, promises of results, and price captation Ethically illicit only because he did not register the promotional campaign in advance with the OAB Ethics and Discipline Court (TED)

Correct Answer:

Ethically illicit, because legal advertising must maintain an informative nature, sobriety, and discretion, expressly prohibiting the mercantilization of the profession, promises of results, and price captation

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