Students and law graduates are dissatisfied with the Examination of Order, proof from the Brazilian Bar Association (OAB), which grants to those authorized the mandatory registration for the practice of law. The controversial points surrounding the choice follow.
To close the series, follow testimonies that kind a mosaic from the different profiles of students and bachelors in Law of Brazil. Normally, they're vital towards the exam. Ambiguous matters, lack of transparency inside the approach, subjective criteria inside the correction, little time for resolution and pricey registration charge are some of the points raised.
While acknowledging the value of some sort of prior choice for future lawyers, the exaggerated degree of difficulty from the proof is a recurring perception, even among these that have currently been approved and defended. This higher level of demand adds towards the anguish to enter the labor industry and family stress to the elements that make the path for the profession a lot more complicated.
See reports and what students and law students believe:
Norma Desireé Barbosa Fortini, 27, celebrates graduation with her husband, but can not get an OAB
I have a law degree from PUC-RS, but I function as a consultant at Natura
I did the OAB exam 4 instances, but I did not go through for the second phase quite almost. Missed two or 3 hits. It truly is difficult to get a job only having a degree, due to the fact they want the lawyer's or trainee's license. Even a law graduate from PUC-RS, I operate as a consultant for Natura, earning R $ 500. The market place is very saturated in Porto Alegre and has offices that pay much less than a minimum salary. With every single disapproval we wear out and reduce our self-esteem. I uncover myself a dumb particular person, but I'm not, simply because I did five years of very good college, graduation work and defense with banking. As a stockbroker, he had to execute properly. I finished the PUC-RS paying R $ 1,250 monthly (with no a scholarship will be R $ 2,500). I have capacity, I know the content material, however the difficulty with the test is quite excellent. They make an assessment to pass as couple of people as you possibly can. It really is in the degree of a public contest, when it will need to only attest which you possess the capability to advocate. Won't give up. I want a public defender, public prosecutor, I desire to be a judge. This can be my dream and I'll get there. But for this I have to advocate for at least two years. I got pregnant within the last year of college and now I've a compact daughter to raise. I need to focus on my studies to pass this blessed test, but it's tough to concentrate on missing diapers for your daughter. " Norma Desireé Barbosa Fortini, 27 years old, holds a bachelor's degree in Law, graduated in 2009 from PUC-RS
The OAB portfolio is no guarantee that you will generate income
"I am retired, former metalworker and nowadays I function as actual estate broker. I decided to accomplish Law simply because I wanted to possess a higher level. The course helps me in my existing profession, within the documentation portion, to clarify the civil location for the clientele. I should do the following OAB exam, which can be open, but I don't agree using the exam. They wish to evaluate my five years of college in two exams. I have greater monetary situations than countless classmates, but I locate the price abusive. For me the exam is nickel-hunter and does not assistance us at all. The low amount of approval of Uniban will not concern me. In this last problem, I discovered that 4 on the one hundred students in my class have passed. I feel many people do not need to be a lawyer. Absolutely everyone knows that the OAB portfolio is no guarantee that it'll generate income. "
Right after 3 failed attempts to get the Order's record, Rafael Alencastro Moll, 25, is doing class.
“I've been within the office for 4 years and had something on the exam I've never observed. I've worked at a law firm because I started college. I heard everyone say it was tough, but it was only when I began to take the tests that I realized how tricky they actually were. I've attempted three instances. In all, I come close, but I usually do not attain the grade to move to the second stage. There's a good deal around the test that we do not see in college ideal, they are acquiring a great deal of specifics that we don't actually use in practice. I've been inside the office four years ago and there was one thing there that I by no means saw. I had not accomplished college, but now I am carrying out it. It's helping a whole lot. I believe that the Exam of Order is essential to offer a chosen one particular, you will discover many men and women unprepared for there. There are actually numerous faculties which can be not serious. The exam need to evaluate the candidate, but I consider they're carrying out much more than that, virtually a contest. "
I studied at Unip and passed very first
"I graduated final year and passed the initial try at the OAB exam. I was fortunate and I could also count around the loved ones. My father and mother are lawyers, I interned in their offices, and I had the assistance to be in a position to dedicate myself fully to my research. I believe other careers relevant for the public interest, like Engineering and Medicine, should really have an OAB examination. The exam charges plenty of decoreba of your law and could require somewhat extra legal analysis. My college does not possess a excellent passing rate, however it has very good teachers, great physical structure, an equipped library, and I had access to all the books I necessary to create my monograph. "
In my day, it was not essential to take a break. Now, the test is much more difficult.
"I took the OAB exam as soon as I finished college, and I passed initial. I took the first test of Cespe (Center for Selection and Promotion of Events, accountable for the evaluation till 2009), which was ready by Vunesp, due to the annulment of exam 134. The test consists precisely in what you do not study in college, significantly less in São Francisco (Law-USP), whose concentrate may be the humanistic formation of your jurist. The understanding from the dogmatic matters, for purposes of public examinations and use inside the specialist profession, is fruit on the application with the student, and continually will be. USP forms jurists with totally free, independent considering. Alternatively, the disadvantage of San Francisco would be the lack of didactics of some teachers, who can not transmit standard information with the subjects, in spite of being very good specialists. In my day, it was not essential to take a break. At this time, I think the test is additional troublesome, requiring much more distinct expertise. The examination should be maintained since, in the legal point of view, there's no offense against the Constitution. From a sensible standpoint, the examination prevents semi-literates from getting into a career in which writing skills and general knowledge of law are important. And by means of examination these requirements will be verified. It can be not like in medicine, exactly where the specialist has passed a proof of residence. A bachelors degree in law actually must be tested ahead of being able to practice law. "
Riccardo Napoli, 26, a lawyer graduated in the University of São Paulo (USP) in 2007. João Paulo Gonçalvez did a two-year course and passed the second attempt around the OAB
The proof has to exist, however it need to be fair.
"I nevertheless usually do not know if I am going to be a lawyer, mainly because I constantly wanted to be a delegate." Just after I graduated, I became serious about law practice, and I decided to give the Exam simply because I believe it can get even more and much more complicated. but it will need to be fair.I believe that the correction of your second phase tests, which is subjective, is ambiguous.The tests are difficult, they're no longer intermediary.You can find lots of bad faculties and the state needs to take duty, to evaluate much more and to improve their level to prevent individuals from spending five years studying and after that not having the ability to enter the career.But the proof of your Order need to exist yes, I believe even all professions need to have a equivalent examination.I went on the second try.I double-takeed and I consider which was significant to direct my research to the test, but it is always to paint critical subjects even due to the fact the classes are superficial. For me, the person's state of thoughts around the day with the test also counts m The second time I took the test, I was rather calm, I was in a position to assume improved and did every little thing. "
I do the entire procedure, I just don't sign
"I completed the Law course in 2008 and have currently given the Order Exam 3 occasions, but I was not approved. I belonged for the group defending the exam, but when I had access towards the excellent opinion on the Deputy Attorney Basic Rodrigo Janot Monteiro de Barros, who asked for his unconstitutionality, I confess that I changed my mind (the opinion was sent towards the Federal Supreme Court, which examination this year). In my last test, the OAB demanded in the second phase one thing that even the judiciary does not need from the lawyers, the legal basis citation (the short article of law) to instruct the answers towards the specialist practice test. I lost two.8 points on account of that inside a race worth ten points. I'm completely convinced that I'm fit and able to defend someone. I do the whole approach, I just usually do not sign. A different colleague signs. The OAB has increased the degree of difficulty as an alternative to the time for resolution. I spent 4 hours doing only the piece and nevertheless had the essay concerns with letters a, b, c. In practice, the lawyer has a minimum of 5 days to create a piece. I realize that the even more you study, the much more you query oneself and wonder. And it is lots of 'banana peel' they put you to slip. Also a great deal ambiguity, two-way challenges. There are actually diverse points of view in law and also you don't know which examining bank to follow. I am speaking to our colleagues: we're not studying to perform at NASA. "