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33 cardsOAB Bar Exam (Exame de Ordem), First Phase

OAB: Key Numbers, Deadlines and Rules

Thirty-three cards with the numbers, deadlines and rules of constitutional, civil, criminal and professional law that are most often tested in the OAB exam.

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Foundations of the Republic (Article 1)
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Terms in this deck (33)

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1
Foundations of the Republic (Article 1)
Sovereignty, citizenship, human dignity, social values of work and free enterprise, political pluralism.
2
Powers of the Union (Article 2)
Legislative, Executive and Judiciary, independent and harmonious.
3
Entities of the Federation (Article 18)
Union, States, Federal District and Municipalities, all autonomous.
4
Habeas corpus
Protects freedom of movement against illegality or abuse of power.
5
Habeas data
Gives access to, or correction of, personal information in public records.
6
Mandado de segurança
Protects a clear and certain right not covered by habeas corpus or habeas data.
7
Mandado de injunção
Used when the lack of a regulating norm makes a constitutional right impossible to exercise.
8
Ação popular
Any citizen may sue to annul acts that harm public property, morality or the environment.
9
Minimum age to be elected
35: President, Vice President, Senator. 30: governor. 21: federal deputy, state deputy, mayor. 18: city councillor.
10
Voting age
Compulsory from 18 to 70; optional at 16-17, over 70 and for illiterate persons.
11
Constitutional amendment (PEC)
Three-fifths of each House, in two rounds.
12
Complementary law
Approved by an absolute majority of the members of each House.
13
Medida provisória
Valid for 60 days, extendable once for another 60.
14
Súmula vinculante
Needs two-thirds of the Supreme Federal Court.
15
Supreme Federal Court
Eleven ministers; mandatory retirement at 75.
16
Civil capacity
Absolute incapacity: under 16. Relative incapacity: 16 and 17. Full capacity at 18.
17
General limitation period (Civil Code)
10 years; civil liability: 3 years.
18
Default matrimonial regime
Partial community of property (comunhão parcial).
19
Legítima
Half of the estate, reserved for the necessary heirs.
20
Civil procedure deadlines
Counted in business days; contestação and apelação: 15 days; embargos de declaração: 5 days.
21
Consumer Code deadlines
Withdrawal: 7 days. Complaints about visible defects: 30 days (non-durable) and 90 days (durable).
22
Penal Code: elements of a crime
Typical, unlawful and culpable conduct.
23
Causes excluding unlawfulness (Article 23)
State of necessity, self-defence, strict compliance with a legal duty, regular exercise of a right.
24
Regimes for a first-time offender
Up to 4 years: open. Above 4 up to 8: semi-open. Above 8: closed.
25
Maximum time served
40 years.
26
Attempt (Article 14)
Penalty reduced by one to two thirds.
27
Continuing crime (Article 71)
Penalty increased by one sixth to two thirds.
28
Penalty for simple homicide, qualified homicide
6 to 20 years; 12 to 30 years.
29
Police investigation deadlines
10 days if the suspect is held; 30 days if free.
30
Denúncia deadlines
5 days if the defendant is held; 15 days if free.
31
Tribunal do Júri
Intentional crimes against life; seven jurors.
32
OAB penalties
Censure, suspension, exclusion and fine; exclusion needs two thirds of the Seccional Council.
33
OAB Exam
Objective phase of 80 questions (40 needed) and a practical-professional phase.

OAB Bar Exam (Exame de Ordem), First Phase in Brazil

In Brazil, OAB Bar Exam (Exame de Ordem), First Phase is part of: Law.

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