Order of Attorneys of Brazil
| Order of Attorneys of Brazil | |
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 Logo of the Order of Attorneys of Brazil |
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| Formation | November 18, 1930 |
| Type | Legal Society |
| Headquarters | Brasília, Federal District |
| Location | Brazil |
| Membership | 720,000 |
| Official languages | Portuguese |
| President | Ophir Filgueiras Cavalcante Junior |
| Key people | 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 720,000 members.[1]
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.
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[edit] Bar examination
In Brazil, 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 restrictions on professional practice embodied in the fulfillment of the requirements 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 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).[2]
[edit] Foreign attorneys in Brazil
[edit] Provimento No. 91/2000
ORDER OF THE FEDERAL COUNCIL OF ATTORNEYS OF BRAZIL, using the powers conferred upon it by Art. 54, V, of Law No. 8.906/94, and in view of the constant process 4467/1999/COP,
RESOLVES:
Article 1: A foreigner working in law regularly admitted to his country to practice law, can only provide such services in Brazil after approved by the Bar Association of Brazil, in this Provision.
§ 1. The authorization of the Bar Association of Brazil, always granted to the poor, will occasion only a consulting practice in the foreign law for the country or state of origin of the professional in question, expressly forbidden, even with the assistance of lawyers or law firms national regularly enrolled or registered with the OAB:
I - the judicial exercise; II - the consulting or advisory services in the Brazilian law.
§ 2. The consultancies and foreign legal consultants can not accept proxy, even when restricted to the power to substitute another attorney.
Article 2: The authorization to perform the activity of foreign law consultant will be required to Sectional Council of OAB is the place where exercising their professional activity, observed as applicable to the provisions in arts. 8, numerals I, V, VI and VII and 10 of Law No. 8906, 1994, by requiring the applicant: The authorization for the performance by the consultant on duty abroad will be required to Sectional Council of OAB site where exercise professional activity, observed as applicable to the provisions in arts. 8, numerals I, V, VI and VII and 10 of Law No. 8906, 1994, by requiring the applicant:
I - evidence to hold a residence visa in Brazil; II - proof of being able to practice and / or be listed in the tables of the bar association or equivalent body of the country or state of origin, the loss at any time, these requirements will result in the cancellation of the authorization that handles this Article; III - proof of good conduct and reputation, attested in a document signed by the home institution and three (3) Brazilian lawyers regularly included in the tables in the Sectional Council of OAB in which you want to act; IV - evidence had not suffered a discipline, through negative certificate of disciplinary infractions issued by the Bar or equivalent body of the country or state in which they are admitted to practice law or, failing that, in a statement that was never punished for disciplinary infraction, the occurrence of proven discipline, country or state of origin, in any other country, or in Brazil, will result in the withdrawal of authorization that cares this article; V - evidence that has not been convicted by a final verdict in a criminal case, the place of origin from abroad and in the city where you want to advise on foreign law in Brazil, confirmed the occurrence of criminal conviction, has become final, the country or home state, in any other country or in Brazil, will result in the revocation of the permit that cares this article; VI - evidence of reciprocity in dealing with Brazilian lawyers in the country or state of origin of the candidate.
§ 1. The Bar Association of Brazil may request other documents deemed necessary, and documents in foreign languages be translated into the vernacular by a public translator.
§ 2. The Bar Association of Brazil should maintain close collaboration with the bodies and authorities, the state or country of origin of the applicant, to be permanently informed about the requirements of sections IV, V and VI of this article.
§ 3. Accepted the authorization, the foreign consultant will provide the following commitment, before the Sectional Council:
"I pledge to exercise exclusively the right advice in the country where I am originally authorized to practice law, acting with dignity and independence, noting the ethical duties and professional prerogatives, and respecting the Constitution, the law of the State and the Brazilian Democratic Human Rights.. "
Article 3: The foreign legal consultants, duly authorized, may meet in society work, with the sole and exclusive purpose of providing advice on foreign law, both for observing the following:
I - society should be established and organized under the laws of Brazil, established in Brazil and exclusive corporate purpose of providing consulting services in foreign law; II - Articles of Incorporation and its subsequent amendments will be approved and filed, always on a temporary basis, in Sectional OAB its head office and, where appropriate, in its affiliates and has not effectively any other record obtained by any interested; III - the company should be up exclusively of foreign legal consultants, which shall be authorized by the OAB Sectional competent form of this Provision.
Article 4: The company may use the name that adopt internationally, since proven company authorized by the state or country of origin.
Sole Paragraph. The name of the company must be added the words "foreign legal consultants."
Article 5: The company shall notify the competent Sectional OAB name and complete identification of their foreign consultants, and any change in that context. The company shall notify the competent Sectional OAB name and complete identification of their foreign consultants, and any change in that context.
Article 6: The consultant on foreign law authorized and society foreign legal consultants whose charter shall have been filed with the Bar Association of Brazil are, respectively, to observe and respect the rules of conduct and ethics applicable to lawyers and law firms in Brazil and are subject to periodic renewal of his permit or filing with the OAB. The consultant on foreign law authorized and society foreign legal consultants whose charter shall have been filed with the Bar Association of Brazil are, respectively, to observe and respect the rules of conduct and ethics applicable to lawyers and law firms in Brazil and are subject to periodic renewal of his permit or filing with the OAB.
Article 7: The permission granted to foreign law consultant and archiving of incorporation of the company foreign legal consultants, financed by the OAB should be renewed every three years, with the updating of relevant documentation. The permission granted to foreign law consultant and archiving of incorporation of the company foreign legal consultants, financed by the OAB should be renewed every three years, with the updating of relevant documentation.
§ 1. The Sectional maintain separate and specific frames for recording the authorization and the filing of the charter, originating and additional consultants and companies referred to in this article.
§ 2. Every consultant or firm of consultants will be assigned a number immutable, which will add the letter S in the case of authorization or supplemental filing.
§ 3. There will be at each sectional, a Society of Lawyers Committee which shall, in the form of what they have their act of creation and of the Sectional Bylaws, exercise all or some of the powers under this Provision. In Sectional in which there was no such Commission, it should be created and installed within 30 (thirty) days of publication of this Provision.
Article 8: Apply to consultancy firms in foreign law and foreign legal consultants to the provisions of Federal Law No. 8906 of July 4, 1994, the General Rules of the Statute of Advocacy and the Bar Association, the Code of Ethics and Disciplinary OAB, Bylaws of the Sectional, Resolutions and Appointments of OAB, especially this Provision, and archiving and the authorization may be suspended or canceled in the event of failure, subject to the due process. Apply to consultancy firms in foreign law and foreign legal consultants to the provisions of Federal Law No. 8906 of July 4, 1994, the General Rules of the Statute of Advocacy and the Bar Association, the Code of Ethics and Disciplinary OAB, Bylaws of the Sectional, Resolutions and Appointments of OAB, especially this Provision, and archiving and the authorization may be suspended or canceled in the event of failure, subject to the due process.
Article 9: The Bar Association of Brazil will adopt, ex officio or through representation, legal action, administrative and / or criminal, where science has to conduct infringing the rules of this Provision. The Bar Association of Brazil will adopt, ex officio or through representation, legal action, administrative and / or criminal, where science has to conduct infringing the rules of this Provision.
Article 10: The consultants and the companies formed in the shape of this Provision shall be subject to the same tuition and fees applicable to nationals.
Article 11: Sustained commitment from the consultant on foreign law, or filed the incorporation of the society of foreign legal consultants, should the Sectional of OAB, 30 (thirty) days, report such acts to the Federal Council, which will keep a national register of consultants and consultancies. Sustained commitment from the consultant on foreign law, or filed the incorporation of the society of foreign legal consultants, should the Sectional of OAB, 30 (thirty) days, report such acts to the Federal Council, which will keep a national register of consultants and consultancies.
Article 12: This Provision shall enter into force upon its publication, revoking the context otherwise requires. This Provision shall enter into force upon its publication, revoking the context otherwise requires.
Brasília, March 13, 2000.
Reginaldo Oscar de Castro, President.
Sergio Ferraz, Rapporteur.[3]
[edit] Provimento No. 129/2008
Regulates the entry of attorneyss of Portuguese nationality in the Order of Attorneys of Brazil.
THE FEDERAL COUNCIL OF ORDER OF ATTORNEYS OF BRAZIL, using the powers conferred upon it by Art. 54, V, of Law No. 8906 of July 4, 1994, and in order to decided on Proposition No. 2008.18.06905-01,
RESOLVES:
Article 1: The Portuguese attorney in good standing in the Portuguese Bar Association may join as part of the Order of Attorneys of Brazil, observing the requirements of Art. 8 of Law No. 8906, 1994, with waiver of the requirements of clause IV and 2, and art. Regulation 20 of the Statute of the Attorney General and the OAB.
Article 2: The provisions of art. 1 does not preclude the exercise of the activity of Portuguese attorney acting as an adviser on foreign law in Brazil, met the requirements of Provision No. 91/2000-CFOAB.
Article 3: The Federal Council of the Bar Association of Brazil monitor the effect that the principle of reciprocal treatment is observed by the Portuguese Bar Association, leaving the Board authorized the removal or addition to your care requirements, ad referendum of the Full Council.
Article 4: The inscription under this Provision shall be made in the Sectional Council in whose territory they seek counsel Portuguese establish their place of business in the form of the Statute of Advocacy and the Bar Association and its General Regulation.
Article 5: Without prejudice to compliance with formalities as may be deemed necessary, in compliance with the reciprocal treatment provided for in art. 3, the application for enrollment will be filled with the observation of the form provided by the Sectional Council, as well as the following documents:
Photocopy of the complete process of registration as a principal attorney in the Portuguese Bar Association; Certificate issued by the Portuguese Bar Association proving registration in force, the situation contributory and disciplinary record of the applicant; Photocopy of diploma in Law, issued by the educational institution officially accredited in Portugal, together with the transcript; Photocopy of the entire contents of birth certificate; Criminal record certificate issued in Portugal and also in Brazil, where the applicant resides in the Brazilian territory; Proof of residence in the event the applicant resides in the Brazilian territory, and if he resides abroad, details and proof of place of business in Brazil, where you will be directed to the correspondence addressed by OAB; Photocopy of passport; Copy of Registration Card at the Registry of Individuals Brazilian; Authorization from the applicant for the processing of your personal and professional; Declaration, dated and signed by the applicant, not in a position of impediment or incompatible with the practice of law in Brazil and Portugal; Photocopy of a wallet or ID card of lawyer Portuguese; Photocopy of employment contract, association or similar, or even a photocopy of proof of the appointment if the applicant state employee who is associated or has been appointed to public office in Brazil; Photocopy of document proving the necessary requirements for registration of Brazilian attorneys in Portuguese Bar Association.
Sole Paragraph. All documents issued in Portugal should be presented in its original copy or certified copy and must be notarized and legalized made by the Consulate of Brazil in Portugal.
Article 6: An applicant for registration under attorneys provide the following commitment to the Sectional Council: "I promise to practice law with dignity and independence, to observe the ethics, duties and prerogatives professionals and defend the Constitution, the law of the Democratic State, human rights, social justice, good law enforcement, the swift administration of justice and improvement of culture and legal institutions."
Article 7: The Portuguese attorney entered the Order of Attorneys of Brazil, pursuant to this order, subject to the discipline of the Statute of Advocacy and the Bar Association, its Regulations, and Resolutions and Provisions of the Code of Ethics and Discipline as well as other applicable legal standards.
Article 8: The Bar Association of Brazil will maintain records of Portuguese attorneys registered as lawyers in the Brazilian territory and inform the Portuguese Bar Association about new entries as well as to its validity.
Article 9: This Provision does not apply to law firms.
Article 10: This Provision shall enter into force upon its publication, repealed Provision No. 37/1969-CFOAB and other provisions to the contrary.
Brasília, December 8, 2008.
Cezar Britto, President.
Cléa Carpi da Rocha, Councillor Rapporteur.[4]
[edit] See also
[edit] References
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