FREEDOM OF EXPRESSION IN LIGHT OF THE OAB CODE OF ETHICS: LIMITS AND CHALLENGES IN THE PRACTICE OF LAW

Abstract

This article analyzes the contours, limits, and challenges related to the exercise of freedom of expression by lawyers in light of the regulations imposed by the Code of Ethics and Discipline of the Brazilian Bar Association (OAB). The research contextualizes the expansion of social networks and the use of the digital environment for public debate and legal marketing, scenarios that frequently create tension between the professional's expressive freedom and the deontological duties inherent to the legal profession. Given this panorama, the central research problem asks: how can the lawyer's freedom of expression be exercised within the limits established by the OAB Code of Ethics and Discipline? The general objective was to analyze the limits and challenges of the lawyer's freedom of expression from the perspective of legal deontology, employing a qualitative and exploratory methodology, based on the deductive-dialectical method, through bibliographic and jurisprudential review. The main hypothesis validated throughout the text is that coexistence between the fundamental right and ethical restrictions is possible through contextualized interpretation and the balancing technique. The results demonstrate that, although national jurisprudence—highlighted by recent STF decisions in 2025 regarding professional immunity—strongly safeguards the prerogatives of lawyers, the Ethics Tribunals maintain strictness in prohibiting commercialism and overexposure (such as the ban on using concrete cases). It is concluded that balance requires the application of proportionality and the urgent modernization of the OAB's ethical framework.