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The Brazilian Law Student: Background, Habits, Attitudes

Published online by Cambridge University Press:  03 January 2018

Extract

The data concerning Brazilian law students presented in this article are the result of a survey made by the author ini 1960 while studying the judiciary system of that country. The objective of the survey was to identify those students favorably disposed toward the judiciary and to examine their social and economic background. In the process, however, a large amount of data of a more general nature was collected. Besides significant variations between different universities, Catholic and state, and the various economic groups, the data provide an empirical examination of the results of the process of selection for higher education in Brazil and the economic groups from which the student is drawn. Some information concerning the students’ attitudes toward politics was also gathered.

Type
Research Article
Copyright
Copyright © University of Miami 1963

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References

1 Due to the great number of cross tabulations that were possible, all of the data could not be included in this article. Additional information from the author is available to anyone who wishes to analyze the statistics in more detail.

2 Law schools responding to the questionnaire were the following: National Faculty of Law, Rio de Janeiro, 340 responses, 27% of the total; University of Rio de Janeiro, 157, 13%; Gamma Filho Faculty, Rio de Janeiro, 98, 8%; Catholic University, Rio de Janeiro, 89, 7%; Catholic University, Belo Horizonte, 58, 5%; University of Minas Gerais, Belo Horizonte, 18, 1%; University of Sao Paulo, Sao Paulo, 116, 9%; University of Paraná, Curitiba, 79, 6%; Mackenzie University, Sao Paulo, 75, 6%; University of Rio Grande do Sul, Porto Alegre, 59, 5%; University of Curitiba, Curitiba, 41, 3%; Catholic University, Porto Alegre, 9, 1%; University of Para, Belem, 33, 3%; University of Bahia, Salvador, 64, 5%; Catholic University, Salvador, 14, 1%.

3 Ninety per cent of the questionnaires were completed in the presence of the author, thereby enabling ambiguities to be identified and clarified on the spot. As a result of this first-hand acquaintance with the difficulties of the students, the data from certain questions are omitted from these tabulations.

4 The Faculty of Law at the University of Paraná, in Curitiba, registered an attendance of almost 80 per cent, a figure which I am told is consistently good.

5 The rate of exchange at the time of the survey in the summer of 1960, was Cr$200,00 to U. S. $1.00.

6 The index of economic achievement is explained in the section entitled Economic Class, According to the Index of Economic Achievement …, infra.

7 Bertram Hutchinson, Mobilidade e trabalho (Rio de Janeiro: Centro Brasileiro de Pesquisas Educacionais, 1960). In comparative data, he indicates that in Sao Paulo, 76 per cent of the students originated in the capital city and 20 per cent in the interior of the State of Sao Paulo. 3 per cent came from other states. See page 148. The overall population of Brazil indicates that 36 per cent population is urban. Since all of those students who originate in metropolitan areas and a large portion of those who come from the interior must be considered urban, it is evident that the vast majority of people in rural areas do not send their children to universities.

8 See the section entitled Economic Class, According to the Index of Economic Achievement …, infra.

9 O$200,00 to U. S. $1.00.

10 99.0 per cent of the Brazilian population between the ages of 20-24 is native born; 98.2 per cent of the population between the ages of 25-29, and 97.1 per cent between the ages of 30-39, are native born. See La estructura demográfica de las naciones americanas, Volume I, Tomo 3 (Washington, D. C: Unión Panamericana, Instituto Interamericano de Estadística, 1960), p. 12. Statistics were not available for separate regions of Brazil. Cf, Hutchinson, pp. 140-141. He found 97.8 per cent of the population of Sao Paulo to be native born, compared to 95.7 per cent which the present survey recorded as native-born students attending the University of Sao Paulo.

11 Hutchinson, pp. 142-143. Hutchinson found that only 21 8 per cent of students at the University of Sao Paulo were third-generation Brazilians, compared to 42 per cent who had one parent born abroad and 24.6 per cent with all immediate ancestors foreign born. See Almeida Júnior, A., Problemas do ensino superior (Sao Paulo: Companhia Editora Nacional, 1956), p. 278.Google Scholar Almeida Júnior did not ask a direct question on foreign ancestry but judged the origin of the students by their names. According to this analysis, the number of students of foreign origin in the years 1827-1900 were 0.25 per cent, in 1910 it was up to 3.75, and in 1940, 23.

12 The index was comprised as follows: ownership of a house counted 2 points; an automobile, 3 points; television, 2 points; refrigerator, 1 point; domestic servants, 1 point each. The highest total was 11 points which was achieved by 3 per cent, or 39 students. Twenty-one per cent, or 232 students, scored 9 points or higher. In relation to their own estimate of economic class, those who considered themselves lower class average 2.6 points; middle, 5.6 points; upper, 7.2 points. The average point score of all students was 5.5 points. The arbitrary divisions established between various groups were 0-2 points, lower; 3-8 points, middle; 9-12 points, upper.

13 Hutchinson, pp. 150-151. His figures also indicate that the students come from the middle and upper classes, with very few from the lowest classes.

14 See Hutchinson, p. 153. Hutchinson asked the students to estimate their own social class. 73.4 per cent placed themselves in the middle class.

15 The occupations of fathers were broken down into categories similar to those used by Hutchinson in his survey of the students in Sao Paulo. See Hutchinson, pp. 32, 77. Those groups were as follows:

Group A — The liberal professions and leading administrative positions (i.e. company president).

Group B — High management and administrative positions.

Group C — High positions of supervision, government funcionaries, grade school teachers, and other non-manual occupations.

Group D — Lower positions of supervision, and other non-manual positions.

Group E — Skilled laborers, and routine non-manual labor such as clerk, policeman, etc.

Group F — Semi-skilled and unskilled manual labor.

16 But cf. Hutchinson, p. 148. Only 3 per cent of the student body in Hutchinson's survey was listed as coming from other states. Although the comment was made that the law faculty did have a higher percentage of students from out of state, he did not specify what that proportion was.

17 Conselho Nacional de Estatística do Brasil, Anuario estatística do Brasil, 1959 (Rio de Janeiro: 1959), pp. 22, 353. One-half of the Brazilian municipios, roughly equivalent to a U. S. county, have no ginasio (equivalent to junior high school). Only one-tenth of the municipios, 262 out of 2,631 have a senior high school ﹛colegio), which would prepare a student for university. The total number of senior high schools in the 262 municipios is 883.

18 See Almeida Jr., p. 282. In his study, 26 per cent of the students explicitly stated that their reason for entering law school was that it was most conducive to learning and earning a living at the same time.

19 But see Hutchinson, p. 155. This varied substantially from Hutchinson's findings in the University of Sao Paulo where he reported that 53 per cent of the male and 33 per cent of the female students worked in addition to attending class. In direct comparison, the results from the University of Sao Paulo Law School obtained in this survey indicated 81 per cent of the students worked and only 18 per cent did not.

20 Hutchinson, p. 155, found that 32 per cent of those students whose parents were in the highest occupational groups were working, while 83.3 per cent of the manual laborer's children were working.

21 Of 883 colegios (equivalent to our senior high school) in Brazil, 548 are private. Anuario estatístico, p. 359. (See footnote 17).

22 It must be born in mind that the question was phrased, “why did you choose law school,” and not, “why do you want to be a lawyer”. Answers such as “to be a lawyer,” or simply “vocation,” while not strictly responsive, were not to be unexpected.

23 But see Almeida, Jr., pp. 284-285. Twenty-six of the 86 students interviewed stated that they choose the law because of social prestige, 11 desired to enter politics, 17 gave economic reasons or better employment, 4 specified a noble career and to defend the poor, and 3 could not think of any useful reason.

24 This correlates with the results of Almeida, Jr., p. 290. Allowing more than one choice to the 86 students polled, 89 answers indicated hope of entering the law, 8, politics, and 2, the magistrature. In addition, 52 said they looked forward with enthusiasm to entering the career, and 25 stated “with moderate pleasure”.

25 O$200.00 to U. S. $1.00.

26 See footnote 15. The positions of higher responsibility are group A, B, and C; those of lower responsibility, group D, E, and F.

27 Anuario estatístico, p. 24.

28 See Abreu, Jaime, Educacáo secundario no Brasil (Rio de Janeiro: CILEME, 1955).Google Scholar

29 Fundacáo Getúlio Vargas, Instituto Brasileiro de Economía, Contas nationals do Brasil (Rio de Janeiro: February, 1960).