João Antônio Volante v. Federal Council of Brazilian Bar Association and Others
Brazil Supreme Court
Extraordinary Appeal 603583 (2011)
- Written by Mary Katherine Cunningham, JD
Facts
Between 1997 and 2011, Brazil gained almost 900 law schools and 4 million graduates from law school. The Brazilian government established the Brazilian Bar Association (OAB) (defendant) under Statute 8.906/94. The statute conditioned the practice of law on passing the national bar exam facilitated by the OAB. João Antônio Volante (plaintiff) challenged the constitutionality of Statute 8.906/94, arguing that the law violated his right to freedom of occupation provided under Article 5 of the Constitution of Brazil. Volante argued that the bar exam was inadequate to regulate admission into the profession. Volante further asserted that an individual who had attended law school could not be presumed unfit to practice law and could be punished only after committing a violation of the professional code of conduct for lawyers.
Rule of Law
Issue
Holding and Reasoning (Aurélio, J.)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.