Order of Attorneys of Brazil

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Brazil's Order of Attorneys (OAB)
OABlogo.jpg
Logo of the Order of Attorneys of Brazil Federal Council
FormationNovember 18, 1930
TypeLegal Society
HeadquartersBrasília, Federal District
Location
  • Brazil
Membership
1,181,124 (2018)
Official language
Portuguese
President
Felipe de Santa Cruz Oliveira Scaletsky
Key people
Luiz Viana Queiroz (Vice President)
WebsiteOAB - Official website
For the orders of attorneys of other Portuguese-speaking countries, see Ordem dos Advogados (disambiguation).

The Brazil's Order of Attorneys (Brazil's National Bar Association) (Portuguese: Ordem dos Advogados do Brasil) is the Brazilian 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 1,065,304 lawyers (2018).[1]. This number rose to 1,211,309 as of early 2021.[2]

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. The Federal Constitution of Brazil considered advocacy an essential activity for the maintenance of justice, and Art. 133 provides that "The lawyer is indispensable to the administration of justice and is inviolable for his acts or manifestations in the exercise of his profession, within the limits of the law."[3] Furthermore, the institution has sui generis qualities, since it is not linked to any control by the government, nor by the courts of auditors, as understood by the Supreme Federal Court externalized in 2006.[4][5][6]

Bar examination[]

In Brazil, the bar examination occurs nationally in March, August and December. These examinations are unified and organized by the Order of Attorneys of Brazil. After 5 years in law school, Bachelors of Laws take the Bar exam that consists of 2 phases: the multiple choice test and the written test, without further requirements.

The Constitution of Brazil sets restrictions on the professional practice of law embodied in the fulfillment of the requirements and qualifications they require, which may include, in addition to graduation formal submission of the applicant in the proficiency tests. The Bar exam is pursuant to Law No. 8906 of July 4th, 1994:

"Article 8: For registration as an attorney is needed: IV - To pass the Examination of the Order;"

Within its powers expressly granted by the Constitution, the ordinary legislator demanded that whoever wishes to pursue the legal profession needs to have a degree of Bachelor of Laws and to be approved in the Bar exam, whose preparation and implementation is done 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 public tests for the judiciary or for prosecutors are absolutely unfounded. The examination has been based for several years for practical intermediate level, some more difficult, others extremely simple, on absolutely commonplace themes and whose knowledge is absolutely necessary and indispensable to anyone who intends to exercise the legal profession.

For comparison, in other Civil law countries, such as France and Italy, the Bar exam procedure is more demanding than in Brazil. The French situation is that after finishing law school, one has to attend a compulsory course of 1 year and conduct a mandatory two-year probation, 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. The exam consists of written and oral tests. Once approved, the candidate can take the oath and sign up for the order. However, the capacity is not total, due to 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).[7]

See more at http://fgvprojetos.fgv.br/sites/fgvprojetos.fgv.br/files/relatorio_2_edicao_final.pdf

See also[]

References[]

  1. ^ "OAB | Ordem dos Advogados do Brasil | Conselho Federal". www.oab.org.br (in Portuguese). 2018. Retrieved 2018-02-21.
  2. ^ "OAB | Ordem dos Advogados do Brasil | Conselho Federal". www.oab.org.br (in Portuguese). 2021-02-20. Retrieved 2021-02-20.
  3. ^ "Portal STF Internacional". www2.stf.jus.br. Retrieved 2021-03-03.
  4. ^ "Notícias STF :: STF - Supremo Tribunal Federal". www.stf.jus.br. Retrieved 2021-03-03.
  5. ^ "Notícias STF :: STF - Supremo Tribunal Federal". www.stf.jus.br. Retrieved 2021-03-03.
  6. ^ "Notícias STF :: STF - Supremo Tribunal Federal". www.stf.jus.br. Retrieved 2021-03-03.
  7. ^ Brazilian Bar Examination - French and Italian Bar Examinations Archived 2006-01-13 at the Wayback Machine
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