João Antônio Volante v. Federal Council of Brazilian Bar Association and Others

Extraordinary Appeal 603583 (2011)

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João Antônio Volante v. Federal Council of Brazilian Bar Association and Others

Brazil Supreme Court
Extraordinary Appeal 603583 (2011)

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.)

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