The Brazilian Bar Association's Code of Ethics serves to guide the conduct of its members and define their role as a professional class. Among the fundamental principles of the legal profession, Article 2 stipulates that lawyers must strive for continuous personal and professional development and contribute to the improvement of institutions, the law, and legislation.
What are the ways to improve and enhance their performance? How can they contribute more effectively to clients, but also to the justice system itself? How can legal professionals prepare themselves to maintain deeper relationships with the judiciary and the Public Prosecutor's Office?
We know there's no magic formula for professional success, but all forms of success have two common denominators: study and self-improvement.
Let's talk a little about Master's degrees, and how this type of postgraduate study can help you in your profession.
Some distinguishing features within the legal profession
To become a member of the Brazilian Bar Association (OAB), a complete law degree is sufficient. However, we know that the path to acquiring knowledge doesn't end with graduation. In fact, a bachelor's degree is only the first step towards a legal career, including practicing law.
To truly specialize in their field, it is recommended that lawyers pursue a specialization. This is when they can deepen their knowledge of the specific areas they learned in a general way during their university studies.
We also know that the legal profession in the 21st century faces some challenges: new technologies, the development of different skills ( soft skills ), and understanding the appropriate methods for resolving conflicts with clients, to name a few.
If the focus is on successful performance, then specialization and understanding of the challenges of law practice are a basic premise. You, as a lawyer, must:
- To know the area in which you will be working well;
- Having the skills expected to deal with clients and other judicial bodies;
- Knowing how to manage your office so that it grows well;
- Know how to position yourself in the market.
Master's and doctoral degrees, on the other hand, have a competitive advantage, which comes from sophistication. The sophistication I'm referring to here is nothing more and nothing less than the lawyer's best friend: legal argumentation.
Legal argumentation is the ability to generate a convincing interpretation—regarding a law, a fact, an international treaty, a regulation, or a document—through written or oral means. It is essential for those who practice law.
More than the pen itself, argumentation is what demonstrates the lawyer's confidence in their performance, defending their ideals, and being prepared for debate.
A master's degree is a rich source of immersion in legal argumentation. Let us explain.
Why a Master's degree in Law? What types of Master's degrees in Law are there?
A long-held misconception was that a Master's degree, like a Doctorate, is only worthwhile if one wishes to pursue an academic career as a researcher.
This statement is no longer valid today. In fact, obtaining a master's degree is an essential step towards securing a teaching position, and it is an excellent starting point for a career dedicated to research.
The Ministry of Education (MEC) recognizes two types of Master's degrees in Law: Academic and Professional. There is no difference in terms of the qualification: upon completion, you will be a Master of Laws, whether you have completed the Academic or Professional program. You will also be able to take competitive exams for public service positions or teach at universities with either degree.
In academic research , studies tend to be more reflective on principles, the legal and political organization of the State, or to delve critically into legal theses. The methodology is geared towards developing knowledge relevant to society as a whole.
In the professional field , assignments need to involve a practical problem, an analysis that goes beyond reading legal books and articles. The methodology seeks to impact scientific knowledge with greater incisiveness in the professional production process.
Your decision should then be based on the type of approach you choose (more theoretical and practical) and which subjects interest you most (in the Academic or Professional program).
What are the steps in a Master's degree? How will it help me?
Well, right from the start, in the preparation and submission of a research project, the concern that you, as a lawyer, should have with sound legal argumentation is already evident.
The research project is the document you formulate based on a given topic and must contain certain requirements. One of them is the research problem: you need to formulate a question that seeks to delve deeper into the topic. It must be precise and well-defined. The entire research development will be oriented towards finding the answers to the problem you propose.
It must also include a justification . At this point, it's important that you begin developing your argumentation skills, as you must convince the panel that the proposed research has legal and social relevance.
Another requirement of the project is the theoretical framework , that is, how your research will be operationalized. What legal methodology will be used? What techniques will be employed? You need to convincingly indicate to whom and to whom you believe that the proposed approach is viable, and that you are the most suitable person to carry out this research.
During your master's degree , you will take courses that will guide you in producing or developing your critical thinking skills, which directly helps you in academic, professional, and legal argumentation.
Note that presenting your dissertation is not the most important part of the Master's program . In fact, it's a partial requirement. The most valuable asset you gain is the learning you acquired during the course, your development in arguing and defending ideas, and your ability to synthesize two years of research into a final written work.
Even the closing ritual, called the public defense, involves argumentation. At this moment, you present your work to the panel and defend your research, your findings, always with the utmost argumentative coherence!
How can IDP help me?
From the moment you choose to refine your legal arguments and, consequently, achieve a competitive edge in the practice of law, it is important that you carefully consider the institution where you will pursue your Master's degree.
This is a significant reflection because it concerns an important degree capable of opening many opportunities. The better the institution, the better your prospects for developing and making good use of your diploma, so that it doesn't become just a piece of paper.
To do this, you need to consider a few variables:
- Faculty;
- Research structure;
- Possibility of publications;
- Potential for internationalization;
- Class format.
At IDP, you have the opportunity to pursue an Academic or Professional Master's degree . In both, you will have classes with the most qualified faculty in Brazil, ranging from Ministers of the Superior Courts (such as Gilmar Mendes and Luiz Gurgel), to members of the Public Prosecutor's Office (such as Nelson Rosenvald and Carlos Vinícius Ribeiro), the Judiciary (such as Marília Sampaio and Roberto Freitas Filho), and the legal profession (such as Monica Sapucaia).
To prepare and develop strong arguments, research is necessary, and the chosen institution should provide state-of-the-art infrastructure. At IDP, you have access to a large physical and virtual library with over 22 titles for consultation. The CEPES (Research Center) is also at your disposal, giving you access to more than 20 research groups, allowing you to integrate into a strong academic community.
At IDP, you have access to several publishing programs, including the Public Law Journal , which is indexed A1 (highest indexing level, international recognition) by CAPES.
Although your focus is on practicing law, it's important that you study at an institution that has international partnerships, allowing you to exchange experiences, even about law, with students and professionals from other countries.
Always remember the impact that consistent study has on your legal career. Choose a reputable institution that will allow you to reach your full potential.
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References:
BRAZIL. Law No. 8.906, of July 4, 1994Available at: Accessed on: November 1, 2022.
Brazilian Bar Association. Code of Ethics and Discipline of the Brazilian Bar Association (OAB). Available at: <https://www.oab.org.br/content/pdf/legislacaooab/codigodeetica.pdf>. Accessed on: November 1, 2022.
