Os conflitos existentes entre a ética jurídica e o empreendedorismo na advocacia

Abstract

This monograph, entitled "Ethics and Entrepreneurship in Law: Contemporary Challenges of the Legal Profession," addresses the concepts, interpretations, and ethical conflicts faced by modern legal practitioners, particularly those related to entrepreneurial practices and current market demands. Indeed, numerous issues arise from the difficulties lawyers face in reconciling professional ethics with market requirements, frequently leading to irregular practices such as improper client acquisition and inappropriate advertising. This constitutes the central objective of this study: to analyze the applicability and ethical boundaries of entrepreneurial law practice. The methodology adopted consisted of: i) thoroughly analyzing ethical concepts proposed by the philosophical doctrine of Thomas Aquinas; ii) examining contemporary legal doctrine regarding entrepreneurship in law; iii) critically evaluating current regulatory instruments, including the Code of Ethics and Discipline of the Brazilian Bar Association (OAB), the Statute of Advocacy, and relevant jurisprudence on the most common ethical infractions in the profession; and iv) assessing the practical, legal, and social consequences of inadequate ethical practices. In conclusion, ethical practice in entrepreneurial legal activities is entirely possible and desirable, provided it adheres strictly to clearly established professional and ethical standards. The study reinforces that rigorous application of these principles is crucial for the sustainable success of legal practice, serving as an essential foundation to restore and preserve the positive public perception of the profession, thereby ensuring effective access to justice and the realization of the common good.