O que faz o ADVOGADO? Como é ser advogado? Você pode ser advogado e servidor público ao mesmo tempo?

Me Julga - Cíntia Brunelli

28 Jul 202003:59

Summary

TLDRThe video explains the role of a lawyer in various legal fields, such as civil, labor, criminal, and more. It covers the steps to becoming a lawyer in Brazil, including passing the OAB exam and registering with the Brazilian Bar Association. The speaker discusses career limitations, like the incompatibility between being a lawyer and holding certain public positions, such as a judge or prosecutor. However, there are exceptions, such as some public prosecutor roles. The video encourages viewers to explore law careers and offers more content on legal professions in future videos.

Takeaways

😀 An attorney defends clients' interests and can work in various legal areas such as civil, labor, criminal, corporate, and tax law.
📚 To become an attorney, you must pass the OAB exam and register with the order of lawyers (OAB) after passing.
❌ Passing the OAB exam does not automatically make you an attorney; you need to complete a registration process.
🏖️ Some people pass the OAB exam but choose not to register, preferring other paths like selling their art or enjoying a more laid-back lifestyle.
🚫 Many legal careers are incompatible with practicing as an attorney, including certain public service positions.
🔒 If you choose a public servant position in the judiciary, you must cancel your OAB registration, as the two roles are incompatible.
💼 Some positions, like certain public prosecutors, may allow you to also act as an attorney outside of working hours, as long as it doesn't conflict with their primary role.
📜 To check the compatibility of a position with legal practice, look at the last public exam notice or job description.
⚖️ If you become a judge, prosecutor, or public defender, you cannot practice law as an attorney unless you leave the public service.
🔄 If you ever leave public service and want to return to practicing law, you don't need to retake the OAB exam—just request to reinstate your registration.

Q & A

What is required to become a lawyer in Brazil?
-To become a lawyer in Brazil, you need to complete a law degree, pass the OAB (Brazilian Bar Association) exam, and then register with the OAB to be officially recognized as a lawyer.
Does passing the OAB exam automatically make someone a lawyer?
-No, passing the OAB exam does not automatically make someone a lawyer. After passing, you still need to register with the OAB to be able to practice law.
Why do some people pass the OAB exam but choose not to register as lawyers?
-Some people pass the OAB exam but choose not to register as lawyers because the legal profession can be incompatible with other careers, especially in the public sector.
Can someone work as both a lawyer and a judge, prosecutor, or public defender in Brazil?
-No, someone cannot work as both a lawyer and a judge, prosecutor, or public defender in Brazil. These careers have legal incompatibilities with practicing law, and individuals must cancel their OAB registration when they take on these public roles.
Is it possible to return to practicing law after working as a judge or prosecutor?
-Yes, if someone decides to leave their role as a judge, prosecutor, or public defender, they can return to practicing law without retaking the OAB exam. They just need to reactivate their registration with the OAB.
Can public servants work as lawyers in Brazil?
-In most cases, public servants cannot work as lawyers due to legal incompatibility. However, there are exceptions, such as certain public prosecutor roles, where they may practice law outside of their work hours.
Are there any restrictions for public prosecutors who are also allowed to practice law?
-Yes, public prosecutors who are allowed to practice law cannot take on cases against the government agency they work for and must maintain a separation between their public duties and private legal practice.
What happens if someone who passed the OAB exam starts working as a public servant in the judiciary?
-If someone who passed the OAB exam begins working as a public servant in the judiciary, they must cancel their OAB registration because working in the judiciary is incompatible with practicing law.
Is there any flexibility for those who want to switch between legal practice and public service?
-Yes, individuals can switch between legal practice and public service. If someone leaves a public service role, they can reactivate their OAB registration without retaking the bar exam.
How can someone find out whether a specific legal career allows for practicing law at the same time?
-To find out if a specific legal career allows for practicing law, it's advisable to check the terms of the latest public service exam (concurso) for that role, which will outline whether the career requires full dedication and if legal practice is allowed.

Outlines

00:00

👩‍⚖️ Path to Becoming a Lawyer

This paragraph introduces the profession of a lawyer and outlines the basic requirements to become one. It mentions passing the OAB (Brazilian Bar Association) exam as a necessary step to practice law. The speaker also encourages viewers to show interest if they want more content like this.

📚 The Lawyer's Role and Specializations

Here, the focus is on the various areas of law a lawyer can practice, such as civil, labor, pension, criminal, business, and tax law. The speaker highlights the broad opportunities within the legal profession, emphasizing the diversity of legal fields.

📜 Steps After Passing the OAB Exam

Passing the OAB exam does not automatically make someone a lawyer. After passing, one must register with the OAB to officially practice law. However, some people pass the exam but choose not to register, possibly pursuing other interests or careers.

🏖️ Choosing a Different Path After Passing the OAB

This section highlights the story of individuals who pass the OAB exam but choose alternative careers or lifestyles. The speaker shares the idea of living a relaxed life, such as selling art on the beach, instead of practicing law.

⚖️ Incompatibility Between Legal and Public Careers

The speaker explains that practicing law is often incompatible with other public careers. As an example, the speaker talks about passing the OAB exam but later giving up their registration after becoming a public servant in the judiciary.

👨‍💼 Public Service and Legal Incompatibilities

Many public careers, including positions in the judiciary, are incompatible with the practice of law. The speaker emphasizes that once a person takes on a public role, such as a judge or judicial technician, they cannot continue as a lawyer.

📑 Exceptions in Some Public Roles

Certain public positions, like those in procuratories, may allow professionals to practice law outside of work hours. However, they cannot take cases against the government agency they represent. Not all public agencies offer this exception, and specific rules are mentioned in public service job descriptions.

📊 Checking Eligibility for Law Practice in Public Roles

For those interested in joining a public service that allows for practicing law, the speaker suggests reviewing the job description of previous public exams to confirm if the position allows non-exclusive dedication.

🚨 Law Incompatibilities with Higher Public Roles

Roles such as judge, prosecutor, police chief, and public defender are incompatible with practicing law. When taking these positions, individuals must cancel their OAB registration and cannot continue as lawyers.

🔄 Returning to Law After Public Service

If someone decides to leave a public career and return to law, they do not need to retake the OAB exam. They can simply re-register with the OAB to begin practicing law again.

💼 Retirement and Returning to Law

The speaker notes that many public servants choose to return to law after retirement. This is common, and the process to re-enter the legal profession is straightforward.

📝 A Call to Aspiring Lawyers

To engage the audience, the speaker asks those interested in becoming lawyers to comment below, reaffirming their aspiration. Additionally, they promote an e-book that condenses a legal education into a quick guide for aspiring law students.

🎓 Final Encouragement and Next Steps

The speaker offers encouraging words to viewers who are studying law, inviting them to continue pursuing their dreams. They conclude by promoting more content about legal careers, encouraging viewers to subscribe to the channel for future updates.

Mindmap

Keywords

💡Advogado

An 'Advogado' is a Portuguese term for a lawyer. In the context of the video, it refers to a legal professional who defends the interests of their clients. The video discusses the process of becoming an 'Advogado', including passing the OAB exam and registering with the local bar association. The term is central to the video's theme of exploring legal careers.

💡OAB

OAB stands for 'Ordem dos Advogados do Brasil', which translates to the Brazilian Bar Association. It is the organization responsible for overseeing the legal profession in Brazil. The script mentions passing the OAB exam as a prerequisite to becoming a lawyer, emphasizing its importance in the legal profession's journey.

💡Juiz

A 'Juiz' is a judge in the Portuguese language. The video script discusses the possibility of being a judge or a lawyer, indicating that these are distinct roles within the legal system. The term is used to highlight the diversity of career paths one can take after studying law.

💡Promotor

'Promotor' refers to a public prosecutor in Brazil. The video mentions that one cannot be a 'Promotor' and a lawyer at the same time due to the incompatibility of these roles. This term is used to illustrate the various legal career options and their restrictions.

💡Defensor Público

A 'Defensor Público' is a public defender. The video script explains that just like judges and prosecutors, public defenders cannot practice as lawyers due to the incompatibility of roles. This term is used to further the discussion on the exclusive dedication required for certain legal careers.

💡Incompatibilidade

In the context of the video, 'Incompatibilidade' refers to the legal and professional restrictions that prevent individuals from holding certain positions simultaneously, such as being a judge and a lawyer. The script uses this term to explain why someone might choose one legal career over another.

💡Registro

'Registro' means 'registration' in Portuguese. In the video, it is mentioned that after passing the OAB exam, one must register to practice law. This term is crucial as it signifies the final step in becoming a licensed lawyer in Brazil.

💡Caráter Exclusivo

The term 'Caráter Exclusivo' refers to the exclusive nature of certain legal careers, implying that one must commit fully to a specific role and cannot engage in other legal professions simultaneously. The video uses this concept to discuss the dedication required for certain legal positions.

💡Edital do Concurso

An 'Edital do Concurso' is a public notice or announcement for a job competition, typically for public service positions in Brazil. The video suggests looking at the latest job competition notices to understand the requirements and restrictions of different legal careers.

💡E-book

The video script mentions an e-book as a resource for learning about law. The term is used to promote additional educational material that can help viewers understand the legal field better and is an example of how the video aims to provide resources for career development in law.

💡Dedicação Exclusiva

Similar to 'Caráter Exclusivo', 'Dedicação Exclusiva' refers to the full commitment required for certain legal roles. The video uses this term to emphasize the seriousness and time commitment necessary to excel in legal careers.

Highlights

Advocacy requires passing the OAB exam and completing registration to practice.

Many people pass the OAB exam but choose not to register and practice law.

The legal profession is often incompatible with other public sector careers.

Judicial positions, such as judges, prosecutors, and public defenders, cannot practice law simultaneously.

Certain public sector roles, like some procurators, may practice law outside of their work hours.

The job description of a public sector position may indicate if legal practice is allowed.

If a public servant resigns from their position, they can return to legal practice without retaking the OAB exam.

Incompatibility with advocacy applies to many public sector careers.

Judicial technicians, like other public servants, may have to cancel their OAB registration.

Public sector employees, after retirement, sometimes return to legal practice.

The exam of the Order of Advocates (OAB) is a prerequisite for becoming a lawyer.

Passing the OAB exam does not automatically make someone a lawyer; registration is required.

Judges, prosecutors, and public defenders must give up their OAB registration upon taking office.

Some public sector organizations have specific regulations about when legal practice is allowed.

Legal professionals may work in various areas, such as civil, labor, criminal, or corporate law.