The judiciary is one of the most sought-after careers for law graduates, being one of the most valued in the judicial system. However, the career of a judge is also one of the most competitive and demanding in the field . A great deal of focus and preparation is needed to reach that level.
If your dream is to become a judge, but you're not quite sure where to start, this article is for you! We've gathered important and up-to-date information for professionals who want to pursue a career as a judge.
So, to make sure you don't miss any details, read the entire article. Shall we begin?
1. What does a judge do?
Before we talk about how to become a judge, it's important to explain what a judge actually does and what their main functions are. In short, a judge is a public official appointed to resolve conflicts of interest.
In other words, when two parties disagree on a matter involving rights and duties, it is up to the judge to decide who is right. In this sense, it is essential that the judge's actions be impartial and that decisions be made free from vested interests.
Another important characteristic of a judge's work is that all their decisions must be based on the laws in force in the country. Therefore, this justification is what allows for the control of decisions by higher bodies and society.
2. What are the main responsibilities of the judiciary?
In addition to making decisions and judging cases brought before the court, the magistrate also performs the function of processing, moving the lawsuit forward until the final decision. In this sense, the judge has a series of tasks, some of which we will explain below.
Examine the case files
The case files are the physical or electronic representation of the proceedings and contain all the documentation from the parties involved, such as requests, judicial decisions, evidence, and hearing minutes. Orders, interlocutory decisions, and judgments are part of the examination of the case files.
Coordinate the office
Generally, a judge works in one of the internal divisions of the Judiciary, where work teams are organized. These teams make up the judge's office, including advisors, a secretary, technicians, analysts, and interns. The judge is responsible for coordinating this team.
Imposing sentences
One of the most emblematic tasks of a judge is to impose sentences, that is, decisions that bring the process to an end, at least in its current phase. However, at the higher stages of their career, when acting in the instances of sentence review, the decision is often rendered by a vote of judges, called a judgment.
Presiding over hearings
Another very common task in a judge's daily routine is organizing sessions to hear from the parties involved in the case, clarifying doubts and questioning witnesses. In this case, the magistrate has the power to even order an arrest, if necessary.
3. How much does a judge earn?
The judiciary is among the highest-paying areas within the legal market . Salaries vary according to the area of practice, whether it's a state or federal court, and also according to the requirements of the public notices for competitive examinations.
According to a survey by Folha de São Paulo, judges' salaries can reach R$50 in the Federal Courts and R$53 in the Military Courts . However, it's important to know that earnings vary significantly depending on the state.
In addition to an attractive salary, after two years of service, a judge receives lifetime tenure, guaranteeing stability to those entering the profession. Furthermore, they cannot be transferred from their place of work against their will, except in emergencies.
4- How to enter the judiciary?
The process to enter the judiciary is not quick, if we analyze it in general terms. According to the provisions of Constitutional Amendment No. 45/2004, to compete for a position as a judge, it is necessary to have a minimum of 3 years of proven experience in legal practice.
Therefore, assuming that the law student completes their 10-semester course within a minimum of 5 years, and considering the 3 years of legal experience required, the minimum time until they are eligible for the aforementioned competitive examination is 8 years.
Aside from the minimum time required to be eligible to compete for the position of judge, the difficulty level of the exam is commensurate with the high salaries. It requires a great deal of dedication to studying and understanding that few candidates pass on their first attempt.
To enter the judiciary, four tests are required : multiple-choice, written, practical, and oral. There is also a final stage of evaluation of qualifications, which is merely for ranking purposes and not eliminatory, unlike the others.
Objective proof
In this stage, the candidate is exposed to objective questions. Generally, the exam is divided into three sections that cover all the main disciplines of Law. The exam consists of 100 questions, which must be answered within a period of 5 hours.
These types of tests serve as a screening tool for candidates, as they present a large number of questions, along with answer options. In this test, those who achieve the minimum performance can proceed to the essay portion.
speech test
At this stage, it is crucial that the candidate has impeccable writing skills and a strong command of the subject matter, as this will be assessed due to its importance in the profession. The essay questions require clear answers and correct use of standard Portuguese.
Practical test
In the practical exam, the candidate simulates a situation in which they will, in fact, be a judge. This situation varies according to the characteristics of the court. The candidate must then present their civil and criminal judgments for the cases presented, demonstrating their full knowledge of the law.
Oral exam
The final elimination stage of the competition is the oral exam. This involves a panel of examiners. As a rule, topics for questioning are drawn 24 hours before each candidate's exam. The questions presented must be answered verbally, within the subject area.
proof of titles
The evaluation of qualifications takes into account the candidate's professional and academic achievements, and may change the final ranking and, consequently, the appointment . Some examples of what are considered qualifications are: publications of scientific articles, specializations, master's degrees, and doctorates.
In this sense, pursuing a postgraduate degree is a great way to gain points at this stage. Besides being a very accessible way to stand out among other candidates, specialization can become a fundamental tool in preparing for the exams.
5- How to prepare for the magistracy?
As mentioned above, entering the judiciary requires a great deal of dedication and preparation time . The exams demand a lot from candidates, who must begin preparing well before the announcement of the exam notices.
This preparation is necessary because some exams can cover more than 20 subjects, and all the content needs to be fresh in the candidate's memory.
For those preparing for the legal profession, one of the first habits to acquire is studying the most recent events in the legal world . Excellent examples of websites to follow include those of the STF (Supreme Federal Court), STJ (Superior Court of Justice), TV Justiça (Justice TV), Jota ( newspaper), Conjur (legal news website), and JusBrasil (legal news website).
Another way to stay informed is to follow newsletters with the main decisions made by the courts . The most important are those of the STF (Supreme Federal Court) and the STJ (Superior Court of Justice), but also pay attention to the newsletters of the court where you intend to take the exam.
Researching the content of the exam is also very important, as is consulting previous exam announcements, which can give you a better idea of what to expect from the test.
Another crucial point for those seeking a career in the judiciary, as we've discussed before, is pursuing postgraduate studies. This is important not only for the qualifications assessment but also for the study itself.
Among the most common specializations are Constitutional Law and Criminal and Criminal Procedure Law , but it largely depends on the specific competitive exam you choose to take. Therefore, it's essential to always be on the lookout for the best opportunities.
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