Court-appointed lawyer (advogado dativo) in Brazil: what it is, who is entitled and how to request one

Q: Read more in this series

- How to find a labor lawyer: free, contingency, court-appointed or private - Does the Public Defender's Office handle labor cases? When and how - Pro bono lawyer: what it is, who can get one and where to find one - Free legal aid in the Labor Court: who is entitled and how to apply (2026) - Index: complete guide to labor rights

What a court-appointed lawyer (advogado dativo) is, how it differs from a public defender, who is entitled, who pays and how to request an appointment in the State, Federal and Labor Courts.

*A court-appointed lawyer (advogado dativo) is a private lawyer appointed by the judge to represent, at no cost, a person who cannot afford a lawyer, when the Public Defender's Office does not handle that case or that city.* The government pays the court-appointed lawyer's fees, according to tables set by each court.

Quick summary

The court-appointed lawyer is appointed by the judge — the person assisted does not pay them fees.
The role exists to fill gaps left by the Public Defender's Office (a city without a defender, a Defender's Office without jurisdiction or without capacity).
In 2024, the CNJ (National Council of Justice) approved national guidelines for appointing court-appointed lawyers (registry, rotation, impartiality and transparency of payments).
In the Federal Courts, the system is called AJG and is governed by CJF Resolution 305/2014.
In the Labor Courts, CSJT Resolution 420/2025 regulated court-appointed legal work, which is being rolled out in the TRTs (Regional Labor Courts).

What a court-appointed lawyer is

The Constitution guarantees full and free legal assistance to anyone who proves they lack resources (art. 5, LXXIV). The main route is the Public Defender's Office. But the Defender's Office is not present in every district and does not always have jurisdiction over every type of case. In those situations, the judge appoints a lawyer registered with the OAB (the Brazilian Bar Association), previously enrolled for this purpose, to act in the case: this is the court-appointed lawyer.

The court-appointed lawyer has the same duties as any lawyer: diligence, confidentiality and loyalty to the client, under the Statute of the Legal Profession (Law 8,906/1994).

Court-appointed lawyer, public defender, pro bono and private lawyer

Public defender — Who: a civil servant hired by public exam at the Defender's Office · Who pays: the State (salary) · How to get one: service at the Defender's Office
Court-appointed lawyer — Who: a private lawyer appointed by the judge · Who pays: the court, according to its own table · How to get one: request for appointment in the case, or screening by the Defender's Office or an agreement
Pro bono lawyer — Who: a lawyer acting voluntarily · Who pays: no one · How to get one: firms and organizations with pro bono programs
Private lawyer — Who: a lawyer hired by the party · Who pays: the client (fixed, contingency or mixed) · How to get one: fee contract

See the details of each option in the guide How to find a labor lawyer.

How it works in each court system

State Courts

Each court sets the rules for registration and the amounts paid, usually through an agreement between the Defender's Office and the OAB or a registry of its own. In São Paulo, for example, screening usually starts at the Defender's Office itself, which refers the case to the agreement when it does not act directly.

Federal Courts (JEF and Federal Courts)

It works through the AJG — Free Legal Assistance system, governed by CJF Resolution 305/2014 (CJF is the Federal Justice Council). Lawyers register in the AJG/JF system and the judge makes the appointment in the case. Court-appointed lawyers' fees are paid by the Federal Courts, as a rule after the final judgment.

Labor Courts

In the Labor Courts, the worker can act without a lawyer (jus postulandi) and can count on union assistance. CSJT Resolution 420/2025 (CSJT is the Superior Council of Labor Justice) regulated the appointment and payment of court-appointed lawyers on a subsidiary basis: appointment is intended for when no union, legal clinic or Defender's Office can help. Implementation depends on each TRT and on agreements with the OAB state sections, and the OAB has criticized the amounts provided for. Check your region's TRT website.

Who is entitled

Anyone who cannot pay a lawyer without harming their own or their family's support. Each Defender's Office or court applies income and asset criteria; bring proof of income, expenses and household composition.

Step by step to request a court-appointed lawyer

First go to the Public Defender's Office in your city (state or federal, depending on the case). It will tell you whether it acts directly or refers to an agreement.
Gather documents: ID (RG), CPF (taxpayer number), proof of address, proof of income and expenses, and the case documents.
If there is already a case, ask the judge, through a simple petition, to grant free legal aid and appoint a court-appointed lawyer, explaining that you cannot pay and that the Defender's Office cannot help (attach the statement or proof, if you have it).
Follow the appointment in the case: the appointed lawyer's name and contact appear in the notices.
Contact the court-appointed lawyer right after the appointment and give them your documents and the timeline of events.

Rights of a person assisted by a court-appointed lawyer

Not paying fees to the court-appointed lawyer for the appointed work.
Being informed about the progress of the case and about deadlines.
Asking the judge to replace the court-appointed lawyer for a justified reason (lack of contact, conflict of interest).
Filing a complaint with the OAB in case of an ethical breach.

Frequently asked questions

Is a court-appointed lawyer free?

For the person assisted, yes. The court pays the court-appointed lawyer's fees, according to its own table.

Can I choose my court-appointed lawyer?

As a rule, no. Appointments follow a registry and rotation set by the court, precisely to guarantee impartiality.

What is the difference between a court-appointed lawyer and a public defender?

A public defender is a civil servant of the Defender's Office hired by public exam. A court-appointed lawyer is a private lawyer appointed by the judge when the Defender's Office cannot help.

Are there court-appointed lawyers in the Labor Courts?

Yes. CSJT Resolution 420/2025 regulated court-appointed legal work in labor cases on a subsidiary basis, and implementation is happening court by court.

Can a court-appointed lawyer charge me anything?

Not for the work they were appointed to do. They may receive loser-pays fees paid by the opposing party, if any.