Order of Attorneys of Brazil
Logo of the Order of Attorneys of Brazil
|Formation||November 18, 1930|
|Headquarters||Brasília, Federal District|
|Ophir Filgueiras Cavalcante Junior|
|Alberto de Paula Machado (Vice President)|
|Website||OAB - Official website|
The Order of Attorneys of Brazil (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 847,921 lawyers (2013).
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.
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, Brazilian law students take the Bar exam, that consists of 2 phases: the multiple choice test and written test, without further requirements.
The Constitution of Brazil applies restrictions on 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. And the Order exam is tied to Law No. 8609 of 4/7/1994:
"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, possess the degree of Bachelor of Law and approval of Examination of Order, 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 competitions such as the judiciary or prosecutors, 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).