Pro bono advocacy in Brazil: how regulation, rankings and diversity commitments are shaping access to justice

Priscilla Villa Nova de Oliveira
Veirano Advogados, São Paulo
priscilla.villanova@veirano.com.br

Natalia Naomi Ikeda
Veirano Advogados, São Paulo
natalia.ikeda@veirano.com.br

Pro bono advocacy represents one of the most expressive forms of social responsibility in the practice of law. It is the free, voluntary and occasional provision of legal services to people or institutions that do not have the resources to hire a lawyer. In Brazil, this practice gained clearer and safer contours from November 2015, when the Federal Council of the Brazilian Bar Association issued Provision No 166 (OAB), a regulatory framework that pacified a debate until then marked by uncertainties.

Before this rule, volunteer work in offices and the free provision of services could be categorised as forms of irregular recruitment of clientele or violation of the rules that govern legal fees. Provision 166/2015 consolidated pro bono as a legitimate, ethical and legally recognised practice, paving the way for law firms to structure institutional programmes without fear of disciplinary questions.

Gratuity, eventuality and voluntariness are the three pillars that characterise the activity: there is no financial consideration, it is not a continuous service as an obligation and adherence is spontaneous on the part of the lawyers. A relevant aspect of the rule is the clear distinction between private pro bono and public legal aid. The provision makes it clear that pro bono advocacy is distinct from the legal assistance as provided by the Public Defender's Offices and from the agreements entered into by the OAB itself. It is, therefore, a complementary modality to the public system of access to justice, and not a substitute.

The joint efforts between private initiatives and public assistance demonstrate the maturity of the pro bono sector in Brazil. A modality that has gained relevance in recent years is the signing of agreements and terms of cooperation with the Public Defender's Office^[1] or with third-sector entities. These instruments formalise the partnership, with the definition of scope, areas of activity, periodicity of reports and supervision mechanisms – a structure that brings the office closer to the institutional logic that governs the Public Defender's Office itself.

In addition to the obvious strengthening of free and democratic access to justice, these initiatives also subsidise applications for awards and rankings, in addition to demonstrating the social impact of the initiative in a transparent way, working as an incentive for firms in structuring volunteer programmes. The legal market today has a series of awards and rankings that evaluate and publicly recognise private performance in the pro bono sector. These instruments perform a double function: they encourage practice by giving visibility and prestige to those who develop it seriously, and they also create a standard of reference and comparison between boards, raising the standard of performance as a whole.

Among the most prestigious recognitions is the Chambers and Partners ‘Pro Bono Firm of the Year’, an annual award that evaluates Brazilian firms in several categories, including one dedicated specifically to free practice. The Chambers Diversity and Inclusion category also recognises firms for their workplace equity initiatives, often associated with pro bono programmes. In Latin America, Latin Lawyer 250 highlights, year after year, the firms most engaged in the practice of free legal services, constituting a reference for the regional market.

Globally, the TrustLaw Index of Pro Bono, an initiative of the Thomson Reuters Foundation, maps and recognises firms around the world with consistent practices, including specific categories such as the Collaboration Award. In Brazil, the Lumen Award, organised by Centro de Estudos das Sociedades de Advogados (CESA) and Sindicato das Sociedades de Advogados (SINSA), recognises good management practices and social responsibility in law firms, with categories dedicated to pro bono and diversity. Who's Who Legal Pro Bono provides international recognition to outstanding law firms.

Gaining recognition in these rankings is not just a reputational exercise. It signals to the market and society that the firm maintains a structured practice, with measurable impact and sustained commitment over time. For clients who are increasingly attentive to sustainability and social responsibility (ESG) criteria, consistent pro bono performance can represent an important differential.

A programme that seeks to illustrate how Brazilian law firms have structured their initiatives is InclusiVA, created by Veirano Advogados. It is a committee dedicated to implementing initiatives that promote respect and acceptance without distinction of age, gender, ethnicity, colour, creed, disability, sexual orientation and social situation. The programme articulates pro bono work with the firm's diversity agenda, creating internal affinity groups that deal in depth with issues related to gender, ethnic-racial, LGBTI+, generational and socioeconomic diversity.

The firm has adhered to relevant international commitments, including the UN Women's Empowerment Principles and the Global Compact, the UN Standards of Conduct against LGBTQIAP+ discrimination and the UN Standards of Conduct for the reduction of racial inequality in law firms. The firm also co-founded the Legal Alliance for Racial Equity, in partnership with FGV, CESA and other large law firms, and maintains partnerships with Amplia FGV and ISMART to support low-income students. This articulation between pro bono work and diversity illustrates a growing trend in the Brazilian market: the understanding that access to justice and the promotion of equity are faces of the same commitment.

Pro bono advocacy in law firms has ceased to be an occasional practice and has grown to become a central element of the institutional identity of the main Brazilian law firms. Driven by Provision 166/2015 of the OAB, this modality of action has been increasingly structured, formalised and recognised by the market.

More than an exercise of reputation, structured pro bono performance represents a tangible commitment to access to justice and to the social function of advocacy. In a scenario where clients and society increasingly value the social commitment of organisations, firms that invest in solid pro bono programmes will not only be fulfilling an ethical duty, but also contributing in a concrete way to expanding access to justice in Brazil.

Note

^[1] As is the case of Cooperation Agreement No 05/2023 (SEI Process No 2023/0008347) signed between the Public Defender's Office of the State of São Paulo and the law firm Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados aimed at providing a supplementary service to full and free legal practise to guarantee the rights of people in vulnerable situations.