OAB Bar Exam (Exame de Ordem), First Phase · Constitutional and Civil Law

Constitutional Law

72 practice questions, each with the answer and an explanation.

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Random questions from this topic, one at a time. You see the answer and the explanation straight after each one.

All 72 questions

  1. Which of these is listed in Article 1 of the 1988 Constitution as a foundation of the Federative Republic of Brazil?
  2. According to Article 2 of the Constitution, which Powers of the Union are independent and harmonious with each other?
  3. Which constitutional remedy protects freedom of movement (liberdade de locomoção) against illegal or abusive restriction?
  4. What is the purpose of habeas data under Article 5, LXXII of the Constitution?
  5. A company is refused a licence by an official in a way that violates a clear right that can be proved with documents, and habeas corpus and habeas data do not apply. Which remedy fits?
  6. Police officers want to enter a private home without the resident's consent at 2 a.m., without any ongoing crime or disaster. They hold a signed court warrant. May they enter under Article 5, XI?
  7. Which principle does the rule 'there is no crime without a prior law defining it' (Article 5, XXXIX) express?
  8. Until when does Article 5, LVII of the Constitution treat a person as innocent?
  9. Besides arrest in flagrante delito, what does Article 5, LXI require for a lawful arrest?
  10. In which case may the death penalty be applied in Brazil under Article 5, XLVII?
  11. How does the Constitution classify the practice of racism (Article 5, XLII)?
  12. Which entities make up the political-administrative organisation of the Federative Republic under Article 18?
  13. What is the minimum age for a candidate to the Federal Senate, according to Article 14, §3, VI?
  14. Which pair of minimum ages for eligibility is correct under Article 14, §3, VI?
  15. For which group is voting optional under Article 14, §1 of the Constitution?
  16. How many ministers sit on the Supremo Tribunal Federal (Article 101), and who appoints them?
  17. What quorum does Article 60 require to approve a constitutional amendment (PEC) in Congress?
  18. Which proposal could NOT even be considered as an amendment because of the entrenched clauses (cláusulas pétreas) of Article 60, §4?
  19. How long does a medida provisória (provisional measure) keep its force if Congress does not convert it into law?
  20. What are the ordinary working-time limits set by Article 7, XIII of the Constitution?
  21. Which set lists the five express principles of Public Administration in Article 37, caput?
  22. Which of these bodies may file a direct action of unconstitutionality (ADI) under Article 103?
  23. What majority of the STF is needed to approve a binding precedent (súmula vinculante) under Article 103-A?
  24. Which entity holds exclusive competence to legislate on civil, criminal and procedural law (Article 22, I)?
  25. A child is born in Brazil to foreign parents who both work for their own country's embassy. What is the child's status under Article 12, I, a?
  26. Which principle must govern public administration under Article 37?
  27. What is the official language of the Federative Republic of Brazil according to Article 13?
  28. How are public servants normally admitted to a public position?
  29. How many ministers sit on the Supreme Federal Court (STF)?
  30. For how long is the President of the Republic elected, and may the term be renewed?
  31. Which writ allows a person to learn or correct information about themselves held in public records?
  32. What is the minimum age to be elected President of the Republic?
  33. Which of these cannot be abolished even by constitutional amendment (cláusulas pétreas)?
  34. Which majority is needed to approve a complementary law?
  35. How many federal deputies does the Chamber of Deputies have?
  36. Which crime is, under the Constitution, non-bailable and not subject to a statute of limitations?
  37. Which action is used to challenge before the STF a federal law that is incompatible with the Constitution?
  38. What is the right to petition under Article 5, XXXIV?
  39. Which institution is responsible for defending the legal order, the democratic regime and unavailable social interests?
  40. Which court has the final word on the interpretation of federal infraconstitutional law?
  41. What does the presumption of innocence under Article 5, LVII, state?
  42. What is the length of maternity leave established in the Constitution?
  43. Which entities make up the Brazilian Federation, all autonomous under Article 18?
  44. Which of these is a constitutional right of every Brazilian prisoner?
  45. Which principle ensures that no one can be deprived of liberty or property without due legal process?
  46. Within what time must a person arrested in flagrante be brought before a judge (audiência de custódia), according to the Criminal Procedure Code?
  47. What majority is needed to approve a constitutional amendment (PEC)?
  48. Which crimes are non-bailable and not subject to pardon or amnesty under Article 5, XLIII?
  49. Who may propose a constitutional amendment?
  50. For how long is an Executive Order (medida provisória) valid, before the possible extension?
  51. What is the role of the Public Defender's Office (Defensoria Pública)?
  52. Under Article 196, health is
  53. Who may file an ação popular?
  54. Which are the three Powers of the Union, independent and harmonious among themselves, under Article 2?
  55. Which writ protects a person's freedom of movement against illegality or abuse of power?
  56. According to Article 1 of the 1988 Constitution, which of these is a foundation of the Federative Republic of Brazil?
  57. Is voting compulsory for a 17-year-old in Brazil?
  58. At what age must a Supreme Federal Court minister retire?
  59. When is mandado de injunção available?
  60. What is the minimum age to be elected governor of a state?
  61. What is the maximum normal working time established by Article 7 of the Constitution?
  62. How long is the term of a Senator, and how many Senators does each state elect?
  63. In which case does the Constitution allow the death penalty?
  64. Who owns the lands traditionally occupied by Indigenous peoples under the Constitution?
  65. What is the minimum age to be elected federal deputy?
  66. In Brazil's federal system, which entity has competence to legislate on civil, criminal and procedural law?
  67. How many members does the Federal Senate have?
  68. How much more than the normal wage must paid annual leave be, according to the Constitution?
  69. Which remedy protects a clear and certain right that is not covered by habeas corpus or habeas data?
  70. Who promulgates a constitutional amendment after its approval by Congress?
  71. Which body exercises external control over the Federal Executive's accounts, with the support of the Federal Court of Accounts?
  72. What majority of the STF is needed to approve a binding precedent (súmula vinculante)?

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