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{{Essay-like|date=August 2018}}{{Infobox organization
{{Infobox Organization
|name = Order of Attorneys of Brazil
| name = Order of Attorneys of Brazil
| native_name = Ordem dos Advogados do Brasil
|image = OABlogo.jpg
| image = OABlogo.jpg
|image_border =
|size = 200px
| image_border =
|caption = Logo of the Order of Attorneys of Brazil' Federal Council
| size = 200px
|map =
| caption = Logo of the OAB Federal Council
|msize =
| abbreviation = OAB
|mcaption =
| motto =
| formation = {{start date and age|1930|11|18|df=y}}
|motto =
| type = [[Bar association]]
|formation = November 18, 1930
⚫
| headquarters = [[Brasília]], [[Federal District (Brazil)|Federal District]]
|type = Legal Society
⚫
| location = Brazil
⚫
|headquarters = Brasília, Federal District
| membership = 1,337,651 practising, 1,413,330 total (2023)<ref>{{cite web|url=https://www.oab.org.br/institucionalconselhofederal/quadroadvogados|title=Quadro da Advocacia|website=Ordem dos Advogados do Brasil|language=pt-br|accessdate=4 May 2023}}</ref>
⚫
|location = Brazil
| language = Portuguese
|membership = 1,065,304 (2018)
|language = Portuguese
| leader_title = President
| leader_name = José Alberto Simonetti
|leader_title = President
⚫
| website = {{URL|http://www.oab.org.br/}}
|leader_name = Claudio Pacheco Prates Lamachia
|key_people = Luis Cláudio da Silva Chaves (Vice President)
|num_staff =
|budget =
⚫
|website = [http://www.oab.org.br/ OAB - Official website]
}}
}}
{{About||the orders of attorneys of other Portuguese speaking countries|Ordem dos Advogados (disambiguation)}}
⚫
The '''Order of Attorneys of Brazil''' ([[Portuguese language|Portuguese]]: ''Ordem dos Advogados do Brasil'') is the [[Brazil]]ian [[bar association|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 [[headquarter]]s are in [[Brasília]], [[Brazilian Federal District|Federal District]]. The OAB has 1,065,304 lawyers (2018).<ref>{{Cite web|url=http://www.oab.org.br/institucionalconselhofederal/quadroadvogados|title=OAB {{!}} Ordem dos Advogados do Brasil {{!}} Conselho Federal|last=|first=|date=2018|website=www.oab.org.br|language=pt-br|access-date=2018-02-21}}</ref>


⚫
The '''Order of Attorneys of Brazil''' ({{langx|pt|'''Ordem dos Advogados do Brasil'''}}, '''OAB''') is the [[Brazil]]ian [[bar association|Bar Association]]. Founded in 1930, it is responsible for the regulation of the legal profession in the country. Its national [[headquarter]]s are in [[Brasília]], [[Federal District (Brazil)|Federal District]]. The OAB has 1,065,304 lawyers (2018).<ref>{{Cite web|url=http://www.oab.org.br/institucionalconselhofederal/quadroadvogados|title=OAB {{!}} Ordem dos Advogados do Brasil {{!}} Conselho Federal|last=|first=|date=2018|website=www.oab.org.br|language=pt-br|access-date=2018-02-21}}</ref> This number rose to 1,211,309 as of early 2021.<ref>{{Cite web|url=http://www.oab.org.br/institucionalconselhofederal/quadroadvogados|title=OAB {{!}} Ordem dos Advogados do Brasil {{!}} Conselho Federal|last=|first=|date=2021-02-20|website=www.oab.org.br|language=pt-br|access-date=2021-02-20}}</ref>
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 [[wikt:register|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 power]]s, which include disciplinary action over its members.

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 [[wikt:register|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 power]]s, 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."<ref>{{Cite web|title=Portal STF Internacional|url=https://www2.stf.jus.br/portalStfInternacional/cms/verConteudo.php?sigla=portalStfSobreCorte_pt_br|access-date=2021-03-03|website=www2.stf.jus.br}}</ref> 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.<ref>{{Cite web|title=Notícias STF :: STF - Supremo Tribunal Federal|url=http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=67161|access-date=2021-03-03|website=www.stf.jus.br}}</ref><ref>{{Cite web|title=Notícias STF :: STF - Supremo Tribunal Federal|url=http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=67166|access-date=2021-03-03|website=www.stf.jus.br}}</ref><ref>{{Cite web|title=Notícias STF :: STF - Supremo Tribunal Federal|url=http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=413871&caixaBusca=N|access-date=2021-03-03|website=www.stf.jus.br}}</ref>


==Bar examination==
==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.
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 [[requirement]]s and qualifications they require, which may include, in addition to [[graduation]] formal submission of the [[applicant]] in the proficiency [[Performance test (assessment)|tests]]. The Bar exam is pursuant to Law No. 8609 of 4/7/1994:

"'''Article 8''': For registration as an [[Attorney at law|attorney]] is needed:
IV - To pass the Examination of the Order;"

Within its powers expressly granted by the Constitution, the [[ordinary (officer)|ordinary]] [[legislator]] demanded that whoever wishes to pursue the [[legal]] [[profession]] needs to have a [[academic degree|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 [[prosecutor]]s are absolutely unfounded. The examination has been based for several years for practical [[:wikt:intermediate|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 (legal system)|Civil law]] countries, such as [[France]] and [[Italy]], the [[Bar examination|Bar exa]]<nowiki/>m procedure is more demanding than in [[Brazil]]. The French situation is that after finishing [[law school]], one has to attend a compulsory [[course (education)|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 law|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 [[Speech|oral]] [[Performance test (assessment)|tests]]. Once approved, the candidate can take the oath and sign up for the order. 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).<ref>[http://jus2.uol.com.br/doutrina/texto.asp?id=6956 Brazilian Bar Examination - French and Italian Bar Examinations] {{webarchive|url=https://web.archive.org/web/20060113124206/http://jus2.uol.com.br/DOUTRINA/texto.asp?id=6956 |date=2006-01-13 }}</ref>


⚫
The [[Constitution of Brazil]] sets restrictions on the professional practice of law embodied in the fulfillment of the [[requirement]]s and qualifications they require, which may include, in addition to [[graduation]] formal submission of the applicant in the proficiency [[Performance test (assessment)|tests]]. The Bar exam is pursuant to Law No. 8906 of July 4, 1994.<ref>[https://jus.com.br/artigos/6956/exame-de-ordem Brazilian Bar Examination - French and Italian Bar Examinations]</ref>
See more at http://fgvprojetos.fgv.br/sites/fgvprojetos.fgv.br/files/relatorio_2_edicao_final.pdf


==See also==
==See also==
Line 52: Line 37:


{{Brazil topics}}
{{Brazil topics}}
{{Authority control}}


[[Category:Bar associations]]
[[Category:Bar associations]]

Latest revision as of 20:09, 1 November 2024

Order of Attorneys of Brazil
Ordem dos Advogados do Brasil
AbbreviationOAB
Formation18 November 1930; 94 years ago (1930-11-18)
TypeBar association
HeadquartersBrasília, Federal District
Location
  • Brazil
Membership1,337,651 practising, 1,413,330 total (2023)[1]
Official language
Portuguese
President
José Alberto Simonetti
Websitewww.oab.org.br

The Order of Attorneys of Brazil (Portuguese: Ordem dos Advogados do Brasil, OAB) is the Brazilian Bar Association. Founded in 1930, it is 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).[2] This number rose to 1,211,309 as of early 2021.[3]

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."[4] 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.[5][6][7]

Bar examination

[edit]

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 4, 1994.[8]

See also

[edit]

References

[edit]
  1. ^ "Quadro da Advocacia". Ordem dos Advogados do Brasil (in Brazilian Portuguese). Retrieved 4 May 2023.
  2. ^ "OAB | Ordem dos Advogados do Brasil | Conselho Federal". www.oab.org.br (in Brazilian Portuguese). 2018. Retrieved 2018-02-21.
  3. ^ "OAB | Ordem dos Advogados do Brasil | Conselho Federal". www.oab.org.br (in Brazilian Portuguese). 2021-02-20. Retrieved 2021-02-20.
  4. ^ "Portal STF Internacional". www2.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. ^ "Notícias STF :: STF - Supremo Tribunal Federal". www.stf.jus.br. Retrieved 2021-03-03.
  8. ^ Brazilian Bar Examination - French and Italian Bar Examinations
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