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OAB Exam Key Concepts

Key rules for the first phase of the Brazilian Bar exam: constitutional, civil, criminal, procedural and professional-ethics concepts.

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Pass mark of the OAB first phase (Exame de Ordem)?
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OAB Bar Exam (Exame de Ordem), First Phase mock tests →
1
Pass mark of the OAB first phase (Exame de Ordem)?
The first phase has 80 multiple-choice questions and requires 40 correct answers; the second phase is a practical-professional written test organised by FGV.
2
Foundations of the Republic (Constitution, Art. 1)?
Sovereignty, citizenship, dignity of the human person, social values of labour and free enterprise, and political pluralism.
3
Remedy that protects freedom of movement?
Habeas corpus (Art. 5, LXVIII); any person may file it, with no lawyer needed.
4
Remedy for a liquid and certain right not covered by habeas corpus or habeas data?
Mandado de segurança (Art. 5, LXIX).
5
Purpose of habeas data?
To know and correct information about the petitioner held in government or public-character databases.
6
Home inviolability (Art. 5, XI): when may authorities enter without consent?
In flagrante delito, disaster or rescue at any hour; by court order only during the day.
7
Quorum for a constitutional amendment (PEC)?
Three-fifths of the members of each House, in two rounds of voting in each.
8
Duration of a medida provisória?
Sixty days, extendable once for another sixty.
9
Principles of Public Administration (Art. 37)?
Legality, impersonality, morality, publicity and efficiency (LIMPE).
10
Majority for a súmula vinculante?
Two-thirds of the STF members (eight of eleven ministers).
11
General limitation period in the Civil Code (Art. 205)?
Ten years; tort reparation prescribes in three years and liquid debts in five.
12
Capacity in the Civil Code?
Absolutely incapable: minors under sixteen; relatively incapable: sixteen and seventeen; full capacity at eighteen.
13
Voidable or void?
Defects of consent (coercion, error, fraud) make an act voidable; simulation, unlawful object and missing form make it void.
14
Default marital property regime?
Partial community (comunhão parcial de bens); separation is mandatory over seventy.
15
Consumer Code deadlines for defects (Art. 26)?
Thirty days for non-durable goods and ninety days for durable goods; seven days of regret for distance sales (Art. 49).
16
Elements of a crime?
Typical, unlawful and culpable; unlawfulness is excluded by necessity, legitimate defence, legal duty and regular exercise of a right.
17
Attempt, desistência and arrependimento posterior?
Attempt: penalty reduced by one to two thirds; voluntary desistance: only acts already performed; arrependimento posterior: reduction of one to two thirds.
18
Initial prison regimes (Art. 33)?
Closed above eight years; semi-open above four and up to eight; open up to four (for non-recidivists).
19
Homicide penalties?
Simple: reclusão of six to twenty years; qualified: twelve to thirty years.
20
Police inquiry and indictment deadlines?
Inquiry: ten days if the suspect is held, thirty if free; denúncia: five days if held, fifteen if free.
21
Custody hearing?
Within twenty-four hours of an arrest in flagrante delito.
22
Criminal appeal terms?
Apelação: five days; resposta à acusação: ten days; embargos de declaração: two days.
23
Estatuto da Advocacia: sanctions and prescription?
Censure, suspension, exclusion and fine; disciplinary prescription is five years; exclusion needs two-thirds of the Conselho Seccional.
24
Incompatibility versus impediment?
Incompatibility bars practice entirely; impediment bars it only against certain entities, such as the body that pays the lawyer.
25
CPC key deadlines?
Business days only; contestação and most appeals fifteen days; embargos de declaração five; ação rescisória two years; compliance fine ten percent plus ten percent fees.

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