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NCJ Number: 64042 Find in a Library
Title: LAWYERS IN BRAZIL - IDEALS AND PRAXIS
Journal: INTERNATIONAL JOURNAL OF THE SOCIOLOGY OF LAW  Volume:7  Issue:4  Dated:(NOVEMBER 1979)  Pages:355-375
Author(s): J A FALCAO
Corporate Author: Academic Press Ltd
United Kingdom
Date Published: 1979
Page Count: 21
Sponsoring Agency: Academic Press Ltd
London Nw1,, England
Format: Article
Language: English
Country: United Kingdom
Annotation: ALTHOUGH BRAZILIAN LAWYERS ARE CONSIDERED DEFENDERS OF CIVIL RIGHTS AND FREEDOM BY LAW SCHOOLS, THEY ARE IMPLEMENTORS OF STATE LAW IN PRACTICE, DUE TO VARIOUS HISTORICAL AND PRACTICAL FACTORS.
Abstract: THE DOMINANT PROFESSIONAL VISION IN BRAZIL OF THE BACHAREL, OR GRADUATE LAWYER, IS OF A SPECIALIST IMPLEMENTING STATE POSITIVE LAW, A SPECIALIST IN LEGAL DOGMATICS, AND A DEFENDER OF LIBERAL IDEALS. ANALYSIS OF THE JOB MARKET REVEALS, HOWEVER, THAT IN PRACTICE BACHAREIS DO MOSTLY NONLEGAL WORK, FOR PUBLIC AGENCIES RATHER THAN PRIVATE CITIZENS, AND THEY BELONG TO ECONOMICALLY PRIVILEGED CLASSES. THUS, THE BACHAREL IS MORE OF A BUREAUCRAT THAN HE WAS INTENDED TO BE. THE ROOTS OF THIS DICHOTOMY CAN BE FOUND IN HISTORY. WHEN LAW SCHOOLS WERE FOUNDED IN THE EARLY 19TH CENTURY, THEY AIMED TO PREPARE BACHAREIS FOR THE NEW BUREAUCRACY AND EDUCATED THEM FOR NONJURIDICAL WORK. AFTER BRAZILIAN INDEPENDENCE WAS ACHIEVED, LIBERALISM BECAME THE IDEAL OF THE COUNTRY. IT BECAME THE OBJECTIVE OF LIBERALISM TO CONSOLIDATE THE NATIONAL ELITE (OF WHICH BACHAREIS WERE A PART) TO RULE THE COUNTRY. THUS, BACHAREIS BECAME COMMITTED TO BOTH PRESERVING THE RULING HIERARCHY AND PROMOTING FREEDOM FOR INDIVIDUALS. NOTES, REFERENCES, AND TABULAR INFORMATION ARE INCLUDED. (PAP)
Index Term(s): Attorneys; Brazil; Civil service; Constitutional Rights/Civil Liberties; Cultural influences; Law schools; Legal training; Liberalism; Political influences; Professional conduct and ethics; Public administration
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64042

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