Brazilian Judges Course: English Legal System

In April 2013, the IALS held the second course for Brazilian Judges, this time on English Tort and Contract Law. The course was taught by Professor Avrom Sherr (IALS), Professor Helen Xanthaki (IALS), Dr Constantin Stefanous (IALS), Professor Lisa Webley, (University of Westminster + IALS), Dr. Ioannis Glinavos (University of Reading) and Dr. Giannis Keramidas (University of Westminster).

This is the third event in cooperation with the Court of Appeals of the State of Pernambuco, Brazil ( Tribunal de Justiça de Pernambuco ), conceived by Justice Jones Figueiredo Alves, Judge Ailton Alfredo Souza, with the academic support of Paulo Rosenblatt (PhD candidate - IALS, Lawyer and Public Attorney, Brazil) and Fernanda Fonseca Rosenblatt (PhD candidate, University of Oxford). The latter course has strengthened even more the links between IALS and the Brazilian court.

In 2012 IALS organised the first Course in the English Legal System offered to Brazilian judges (Curso do Sistema Jurídico Inglês para Juízes Brasileiros) in cooperation with ESMAPE. Within its research facilitation and research agenda formation, the IALS offers a unique opportunity to members of the professions to identify and analyse themes of common and diverse legal approaches between jurisdictions at an international level. Such courses are tailor made, and are initiated by the receiving jurisdiction. Courses to the professions are normally used by the receiving jurisdiction as part of the participants' continuing professional development. Links and networks are formed, serving both partners. The course for Brazilian judges aims to introduce middle and high ranking judges to the system of law and justice in England. The course  stretches over a period of one week with intensive introductory lectures and tailor made dedicated visits to the courts. Forty Brazilian judges are divided into two streams, civil law and criminal law, and follow a mixture of joint lectures, and study visits to the courts of their stream. The course is taught by the academic staff of the IALS and by guest lecturers of high standing. Access to materials is encrypted, and offered via a dedicated forum in the IALS VLE. The Convenor of the Course was Paulo Rosenblatt.  Course timetable 2012 (PDF)

School of Advanced Judicial Studies of Pernambuco (ESMAPE)

The School of Advanced Judicial Studies of Pernambuco (ESMAPE) was founded on 11 August 1987, with the initial purpose of training the judges of Pernambuco. Today, the School has grown in scope and structure and is investing also in civil servants of the Judiciary in the capital and in other cities all over the State. 
The ESMAPE, under current director, Leopoldo Raposo, Judge of the State Court of Appeals, achieved many goals: the creation of the Centre for the Training of Civil Servants, the accomplishment of agreements with international academic institutions and implementation of courses, lectures, symposia, seminars and conferences. New investments were made with the establishment of the 'moodle system' of distance learning and the construction of the new building of the School.

Escola Superior da Magistratura de Pernambuco (ESMAPE)

 A Escola Superior da Magistratura de Pernambuco (ESMAPE) foi fundada em 11 de agosto de 1987, com o intuito inicial de capacitar os magistrados de Pernambuco. Hoje, a Escola cresceu em estrutura e abrangência e vem apostando, também, no atendimento a servidores lotados nas comarcas da capital e do interior do Estado.

A Esmape, na gestão do atual diretor, o desembargador Leopoldo Raposo, alcançou muitas metas: a criação do Centro de Aperfeiçoamento de Servidores; a celebração de convênios com instituições internacionais; intercâmbios, cursos, palestras, simpósios, jornadas e congressos. Novos investimentos foram feitos no ensino, com a criação do sistema moodle de educação à distância, e na estrutura, com a construção da nova sede. Press release.

Sir William Dale Centre for Legislative Studies, Institute of Advanced Legal Studies

Professor Helen Xanthaki, Professor in Law and Legislative Studies, Academic Director, Sir William Dale Centre for Legislative Studies, Institute of Advanced Legal Studies.

Mr Paulo Rosenblatt, Convenor, Brazilian Judges Course, Sir William Dale Centre for Legislative Studies, Institute of Advanced Legal Studies

Comments received from the Course delegates 2012 (Translated)

The course was above the expectations of the participants because of the high level of the lecturers and great competence and professionalism in its organization.

 Initially, I would like to congratulate everyone involved in this excellent course: organizers, lecturers and all staff. The course was excellent and none of my following suggestions removes its shine. Perhaps the high number of participants and the difficulty to organise the simultaneous translation made it impossible to allow the participants to attend a hearing at the Royal Court of Justice. It would be a boost to the course, if there were this possibility to combine theory with practice. As to the visit to the library, it was interesting, but due to the short period of the course, the presentation of the library and the visit could take place more quickly, leaving more time for lessons. As I said above, the course was excellent and the comments above are just mere suggestions. Congratulations to all involved.

 I realised that to know the fundamentals of the law of another country it is not sufficient to learn the rules governing that particular society, but one has to understand the proper formation of society, with its struggles, revolutions, conquests, culture etc. The comparative law is not in books, in the rules or in judicial decisions only, but in the formation of each community. I also understood that the particularities of each country, at least in Europe, deal with the issue of the European Community, which makes necessary a process of legal conformation and construction and the adaptation from old to new values. I really enjoyed learning about the process of creation of statutory law in England and, apparently the importance given to the question of law and language in the formation of these acts. I would like to thank the opportunity, for the IALS will be one of the first institutions in which I will think about to study in the near future.

 The course is very interesting. However, given the profound difference between the English system and the Brazilian system, we left with more questions than answers, which, nevertheless, remains provocative and challenges us to engage in further study.

 The course was extraordinary, a dynamic, innovative event, providing a comparative study of legal systems. Congratulations to Paulo Rosenblatt, Fernanda Rosenblatt and Ailton Alfredo de Souza, whose dedication and commitment made the event unforgettable. Congratulations to the IALS for the brilliant and professional course.

 The visits to the Inns of Court and to the Royal Courts of Justice would have been more valuable if we had the opportunity to attend a judgment/session.

 The course was excellent and exceeded all expectations, with excellent lecturers and a content concise enough to give a picture of the English Judiciary. The course was very inspiring. Congratulations to all.

 The experience was very positive. The course was well delivered on schedule and topics chosen. There was a very good exchange of experiences between students and the lecturers who taught the course.

 I want to register the immense satisfaction I had for participating in this spectacular learning week, a real practical exercise of Comparative Law - a discipline that deserves more attention from us all. The lawyer, specially the magistrate, in a legal system that increasingly becoming principle-based like ours, is the actual constructor of the law applicable to the facts of the case and cannot do this duty disregarding the experience of other people. I would, therefore like to call everyone from ESMAPE to organise other events like this, with a focus on comparative law.

 We could have had a direct contact with a judge, visiting the Court. We could have visited a prison. It also lacked a lecture on the English civil procedure.

 Congratulations. Small suggestions for an upcoming event that may be offered to other magistrates from Pernambuco, in this same model, at the University of London: 1 - invest more in translation, make available for the interpreters the materials that will be used by the lecturers in classes in advance. 2 - encourage students to report, write and summarize the lessons in order to keep them focused, avoiding naps and enjoying the course more. Congratulations!

Page last updated: 11th April 2016