Order of Attorneys of Brazil
Encyclopedia
The Order of Attorneys of Brazil (Portuguese
: Ordem dos Advogados do Brasil) is the Brazil
ian Bar association
, founded in 1930. It is an organization of lawyers and responsible for the regulation of the legal profession in the country. Its national headquarters are in Brasília
, Federal District
. The OAB has 685,302 lawyers (2011).
Its early origins are found on a private institution founded in 1843. Graduates in Law
from university
who wish to act on behalf of clients before a Court of Law must register at the Order of Attorneys of Brazil. Only those who are duly registered can provide legal consultation and appear before the Court. It is an organization independent from the government
, but it has some public powers, which include disciplinary action over its members.
, there is a bar examination
, that occur nationally in March, August and December. These examinations are unified organized by Order of Attorneys of Brazil. After 5 years in the law school
, Brazilian law students make the Bar examination, that consists of 2 phases: the multiple choice
test and written test, without further requirements.
The Constitution of Brazil
allows the law
provides for restriction
s on professional practice embodied in the fulfillment of the requirement
s and qualifications they require, which may include, in addition to the graduation
formal submission of the applicant in the proficiency
tests. And the Examination of Order is forecast to Law No. 8609 of 4/7/1994:
"Article 8: For registration as an attorney
is needed:
IV - Pass in Examination of Order;"
Within its powers expressly granted by the Constitution, the ordinary
legislator
demanded that which wishes to pursue the legal profession
, and other everyday requirements, the degree
of Bachelor
of Law and approval of Examination of Order, whose preparation and implementation is Body by their own class. As seen, no unconstitutionality in sight. The Constitution itself provides for the restriction. Nor is there any illegality, since the Statute
of Law
requires the examination.
Moreover, the argument that the exam is legitimate, but would be charging a very high level of legal knowledge, similar to competitions such as the judiciary
or prosecutor
s, absolutely unfounded. The examination has been based for several years for practical intermediate
level
, some more difficult, others extremely simple, and absolutely commonplace themes and whose knowledge is absolutely necessary and indispensable to anyone who intends to practice
law
.
For comparison, in other Civil law
countries, such as France
and Italy
, the method of the Bar examination
is more difficult than in Brazil
. The French situation is that concluded the law school
, attend a compulsory course
of 1 year and conduct a mandatory stage of 2 years, after completion of such compulsory course. Totaling of 8 years of study of law. The Italian situation is after graduation is essential that the applicant make a compulsory training of legal practice
of 2 years. after the biennium, as evidenced by the practice participation in hearings and dispensing of pleadings, the applicant may submit to the examination. This consists of written and oral
tests. Approved, can take the oath and sign up for organ class. However, the capacity is not total, due the Italian statute to demand 12 years of advocacy
for candidacy before the Corte di Cassazione (Court of Cassation) and other High Courts (Law 27/1997).
Portuguese language
Portuguese is a Romance language that arose in the medieval Kingdom of Galicia, nowadays Galicia and Northern Portugal. The southern part of the Kingdom of Galicia became independent as the County of Portugal in 1095...
: Ordem dos Advogados do Brasil) is the Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
ian Bar association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
, founded in 1930. It is an organization of lawyers and responsible for the regulation of the legal profession in the country. Its national headquarters are in Brasília
Brasília
Brasília is the capital city of Brazil. The name is commonly spelled Brasilia in English. The city and its District are located in the Central-West region of the country, along a plateau known as Planalto Central. It has a population of about 2,557,000 as of the 2008 IBGE estimate, making it the...
, Federal District
Brazilian Federal District
The Federal District is set apart for Brasília, the capital of Brazil. Located in a region called Planalto Central, or Central Plateau, the Federal District is divided in 29 administrative regions. Brasilia - place where the three branches of the Federal Government are located - is the main...
. The OAB has 685,302 lawyers (2011).
Its early origins are found on a private institution founded in 1843. Graduates in Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
from university
University
A university is an institution of higher education and research, which grants academic degrees in a variety of subjects. A university is an organisation that provides both undergraduate education and postgraduate education...
who wish to act on behalf of clients before a Court of Law must register at the Order of Attorneys of Brazil. Only those who are duly registered can provide legal consultation and appear before the Court. It is an organization independent from the government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
, but it has some public powers, which include disciplinary action over its members.
Bar examination
In BrazilBrazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, there is a bar examination
Bar examination
A bar examination is an examination conducted at regular intervals to determine whether a candidate is qualified to practice law in a given jurisdiction.-Brazil:...
, that occur nationally in March, August and December. These examinations are unified organized by Order of Attorneys of Brazil. After 5 years in the law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
, Brazilian law students make the Bar examination, that consists of 2 phases: the multiple choice
Multiple choice
Multiple choice is a form of assessment in which respondents are asked to select the best possible answer out of the choices from a list. The multiple choice format is most frequently used in educational testing, in market research, and in elections-- when a person chooses between multiple...
test and written test, without further requirements.
The Constitution of Brazil
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...
allows the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
provides for restriction
Restriction
Restriction may refer to:* Restriction , an aspect of a mathematical function* Restrictions , an album by Cactus* Restriction enzyme, a type of enzyme that cleaves genetic material...
s on professional practice embodied in the fulfillment of the requirement
Requirement
In engineering, a requirement is a singular documented physical and functional need that a particular product or service must be or perform. It is most commonly used in a formal sense in systems engineering, software engineering, or enterprise engineering...
s and qualifications they require, which may include, in addition to the graduation
Graduation
Graduation is the action of receiving or conferring an academic degree or the ceremony that is sometimes associated, where students become Graduates. Before the graduation, candidates are referred to as Graduands. The date of graduation is often called degree day. The graduation itself is also...
formal submission of the applicant in the proficiency
Proficiency
Proficiency may refer to:* Language proficiency, the ability of an individual to speak or perform in an acquired language* Expertise* Skill, the learned capacity to carry out pre-determined results often with the minimum outlay of time, energy, or both...
tests. And the Examination of Order is forecast to Law No. 8609 of 4/7/1994:
"Article 8: For registration as an attorney
Attorney at law
An attorney at law in the United States is a practitioner in a court of law who is legally qualified to prosecute and defend actions in such court on the retainer of clients. Alternative terms include counselor and lawyer...
is needed:
IV - Pass in Examination of Order;"
Within its powers expressly granted by the Constitution, the ordinary
Ordinary
In those hierarchically organised churches of Western Christianity which have an ecclesiastical law system, an ordinary is an officer of the church who by reason of office has ordinary power to execute the church's laws...
legislator
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
demanded that which wishes to pursue the legal profession
Profession
A profession is a vocation founded upon specialized educational training, the purpose of which is to supply disinterested counsel and service to others, for a direct and definite compensation, wholly apart from expectation of other business gain....
, and other everyday requirements, the degree
Academic degree
An academic degree is a position and title within a college or university that is usually awarded in recognition of the recipient having either satisfactorily completed a prescribed course of study or having conducted a scholarly endeavour deemed worthy of his or her admission to the degree...
of Bachelor
Bachelor
A bachelor is a man above the age of majority who has never been married . Unlike his female counterpart, the spinster, a bachelor may have had children...
of Law and approval of Examination of Order, whose preparation and implementation is Body by their own class. As seen, no unconstitutionality in sight. The Constitution itself provides for the restriction. Nor is there any illegality, since the Statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
of Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
requires the examination.
Moreover, the argument that the exam is legitimate, but would be charging a very high level of legal knowledge, similar to competitions such as the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
or prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s, absolutely unfounded. The examination has been based for several years for practical intermediate
Intermediate
Intermediate means "occurring between two extremes, or in the middle of a range". It comes from the Latin word 'intermedia' which literally means 'among the middle' and may refer to:...
level
Level
Level or levels may refer to:-Places:*Levél, Győr-Moson-Sopron, Hungary*Level, Ohio, United States*Level Valley*Levels, West Virginia-Engineering-related:*Floor, or storey, of a building or a mine...
, some more difficult, others extremely simple, and absolutely commonplace themes and whose knowledge is absolutely necessary and indispensable to anyone who intends to practice
Practice
Practice may refer to:* Practice , a method of learning by repetition* Practice , a theoretical term for human action in society* Spiritual practice...
law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
.
For comparison, in other Civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
countries, such as France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
and Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, the method of the Bar examination
Bar examination
A bar examination is an examination conducted at regular intervals to determine whether a candidate is qualified to practice law in a given jurisdiction.-Brazil:...
is more difficult than in Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
. The French situation is that concluded the law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
, attend a compulsory course
Course
Course can refer to:* Course , the path of travel* Course , the principal sail on a mast of a sailing vessel* Course , in the United States, a unit of instruction in one subject, lasting one academic term...
of 1 year and conduct a mandatory stage of 2 years, after completion of such compulsory course. Totaling of 8 years of study of law. The Italian situation is after graduation is essential that the applicant make a compulsory training of legal practice
Practice
Practice may refer to:* Practice , a method of learning by repetition* Practice , a theoretical term for human action in society* Spiritual practice...
of 2 years. after the biennium, as evidenced by the practice participation in hearings and dispensing of pleadings, the applicant may submit to the examination. This consists of written and oral
Oral
The word oral may refer to:As an adjective:* the mouth, the first portion of the alimentary canal that receives food and saliva* speech communication as opposed to writing* oral administration of medicines...
tests. Approved, can take the oath and sign up for organ class. However, the capacity is not total, due the Italian statute to demand 12 years of advocacy
Advocacy
Advocacy is a political process by an individual or a large group which normally aims to influence public-policy and resource allocation decisions within political, economic, and social systems and institutions; it may be motivated from moral, ethical or faith principles or simply to protect an...
for candidacy before the Corte di Cassazione (Court of Cassation) and other High Courts (Law 27/1997).
See also
- Order of Attorneys of PortugalPortuguese Bar AssociationThe Portuguese Bar Association is the public association to which all attorneys-at-law belong in Portugal, founded in 1926. Its early origins are found on a private association founded in 1838 by a group of lawyers from Lisbon....
- Bar examinationBar examinationA bar examination is an examination conducted at regular intervals to determine whether a candidate is qualified to practice law in a given jurisdiction.-Brazil:...
- Law of Brazil