THE INTERDEPENDENCE BETWEEN ETHICS AND PROFESSIONAL PREROGARIES AND THE LIMITS OF LEGAL MARKETING

Abstract

This study demonstrates the necessity of ethics in all professions and specifically aims to show the importance of ethics and professional prerogatives in the practice of law, demonstrating that both – ethics and prerogatives – are essential pillars of the legal profession, in addition to presenting the challenges arising from this interaction. Professional ethics, based on principles such as responsibility, transparency, and justice, constitutes an inalienable duty, ensuring the integrity and quality of the services provided. At the same time, professional prerogatives are essential rights that ensure the autonomy of the class of lawyers who perform their duties for the benefit of their clients. Both ethics and professional prerogatives are regulated by the Advocacy Statute (Law No. 8,906/1994), and the OAB Code of Ethics and Discipline reinforces the importance of advocacy as a public duty, establishing ethical guidelines for professional practice, including the limits of legal marketing. The other professions also have their specific regulations according to each professional category. However, the coexistence between ethics and prerogative does not always occur harmoniously, generating dilemmas that can compromise professional conduct and the credibility of professions. The research, with a qualitative approach and based on a literature review, analyzes the importance of ethics and prerogatives, highlighting existing conflicts and proposing strategies to promote a healthy balance between these factors. The results indicate that the appreciation of ethics and respect for prerogatives are fundamental for the strengthening of professions and the protection of societal interests. Moreover, they highlight the need for greater dissemination of knowledge about professional rights and duties, as well as the constant updating of regulations that govern the practice of professions. It is concluded that the balance between ethics and prerogatives must be constantly revisited and improved to ensure a fair, safe, and efficient environment, preventing setbacks, especially regarding legal security.