Sunday, March 6, 2011

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OAB: Senate does not accept the end of the pre-employment examination



The Committee on Constitution and Justice (CCJ) Senate rejected a proposed constitutional amendment (PEC) presented by Senator Geovani Borges ( PMDB-AP), which sought to abolish the examination of OAB. The subject is controversial.


The National Bar Association was positioned in the opposite direction to approval. For its President (Ophir Cavalcante) "Brazilian society, in its most esmadora, has demonstrated in favor of the Examination Order. We have research that shows that 85% of students who are favorable to prove it. " The TRF
1st Region, in turn, overturned the injunctions issued by federal judge in Mato Grosso. The OAB has been successful (in the second instance) in all cases of injunction granted at first instance, waiving the examination of OAB.

In December 2009 the Supreme Court recognized the existence of general repercussion, but so far it definitely was not positioned on the subject. There are about 1.3 million of law graduates in Brazil "descarteirados.

am particularly keen to take the order, but I believe their quality and transparency could be improved. The Bar Association has hired the Fundacao Getulio Vargas for the preparation of evidence. What remains now is to hire another company supervision, so as not to repeat the problems that had in the past exams.
A single alternative that could be considered in relation to the examination order would be: college student with highest grade MEC, since it was approved in the CBD, with participation of a representative of the OAB. That of course depends on the law.
For now, everything remains unchanged. We to wait for the final positioning of the Supreme Court (in general repercussion). In terms of legislation is dead proposal to end the examination of OAB.

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