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
- Which of these is listed in Article 1 of the 1988 Constitution as a foundation of the Federative Republic of Brazil?
- According to Article 2 of the Constitution, which Powers of the Union are independent and harmonious with each other?
- Which constitutional remedy protects freedom of movement (liberdade de locomoção) against illegal or abusive restriction?
- What is the purpose of habeas data under Article 5, LXXII of the Constitution?
- 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?
- 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?
- Which principle does the rule 'there is no crime without a prior law defining it' (Article 5, XXXIX) express?
- Until when does Article 5, LVII of the Constitution treat a person as innocent?
- Besides arrest in flagrante delito, what does Article 5, LXI require for a lawful arrest?
- In which case may the death penalty be applied in Brazil under Article 5, XLVII?
- How does the Constitution classify the practice of racism (Article 5, XLII)?
- Which entities make up the political-administrative organisation of the Federative Republic under Article 18?
- What is the minimum age for a candidate to the Federal Senate, according to Article 14, §3, VI?
- Which pair of minimum ages for eligibility is correct under Article 14, §3, VI?
- For which group is voting optional under Article 14, §1 of the Constitution?
- How many ministers sit on the Supremo Tribunal Federal (Article 101), and who appoints them?
- What quorum does Article 60 require to approve a constitutional amendment (PEC) in Congress?
- Which proposal could NOT even be considered as an amendment because of the entrenched clauses (cláusulas pétreas) of Article 60, §4?
- How long does a medida provisória (provisional measure) keep its force if Congress does not convert it into law?
- What are the ordinary working-time limits set by Article 7, XIII of the Constitution?
- Which set lists the five express principles of Public Administration in Article 37, caput?
- Which of these bodies may file a direct action of unconstitutionality (ADI) under Article 103?
- What majority of the STF is needed to approve a binding precedent (súmula vinculante) under Article 103-A?
- Which entity holds exclusive competence to legislate on civil, criminal and procedural law (Article 22, I)?
- 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?
- Which principle must govern public administration under Article 37?
- What is the official language of the Federative Republic of Brazil according to Article 13?
- How are public servants normally admitted to a public position?
- How many ministers sit on the Supreme Federal Court (STF)?
- For how long is the President of the Republic elected, and may the term be renewed?
- Which writ allows a person to learn or correct information about themselves held in public records?
- What is the minimum age to be elected President of the Republic?
- Which of these cannot be abolished even by constitutional amendment (cláusulas pétreas)?
- Which majority is needed to approve a complementary law?
- How many federal deputies does the Chamber of Deputies have?
- Which crime is, under the Constitution, non-bailable and not subject to a statute of limitations?
- Which action is used to challenge before the STF a federal law that is incompatible with the Constitution?
- What is the right to petition under Article 5, XXXIV?
- Which institution is responsible for defending the legal order, the democratic regime and unavailable social interests?
- Which court has the final word on the interpretation of federal infraconstitutional law?
- What does the presumption of innocence under Article 5, LVII, state?
- What is the length of maternity leave established in the Constitution?
- Which entities make up the Brazilian Federation, all autonomous under Article 18?
- Which of these is a constitutional right of every Brazilian prisoner?
- Which principle ensures that no one can be deprived of liberty or property without due legal process?
- Within what time must a person arrested in flagrante be brought before a judge (audiência de custódia), according to the Criminal Procedure Code?
- What majority is needed to approve a constitutional amendment (PEC)?
- Which crimes are non-bailable and not subject to pardon or amnesty under Article 5, XLIII?
- Who may propose a constitutional amendment?
- For how long is an Executive Order (medida provisória) valid, before the possible extension?
- What is the role of the Public Defender's Office (Defensoria Pública)?
- Under Article 196, health is
- Who may file an ação popular?
- Which are the three Powers of the Union, independent and harmonious among themselves, under Article 2?
- Which writ protects a person's freedom of movement against illegality or abuse of power?
- According to Article 1 of the 1988 Constitution, which of these is a foundation of the Federative Republic of Brazil?
- Is voting compulsory for a 17-year-old in Brazil?
- At what age must a Supreme Federal Court minister retire?
- When is mandado de injunção available?
- What is the minimum age to be elected governor of a state?
- What is the maximum normal working time established by Article 7 of the Constitution?
- How long is the term of a Senator, and how many Senators does each state elect?
- In which case does the Constitution allow the death penalty?
- Who owns the lands traditionally occupied by Indigenous peoples under the Constitution?
- What is the minimum age to be elected federal deputy?
- In Brazil's federal system, which entity has competence to legislate on civil, criminal and procedural law?
- How many members does the Federal Senate have?
- How much more than the normal wage must paid annual leave be, according to the Constitution?
- Which remedy protects a clear and certain right that is not covered by habeas corpus or habeas data?
- Who promulgates a constitutional amendment after its approval by Congress?
- Which body exercises external control over the Federal Executive's accounts, with the support of the Federal Court of Accounts?
- What majority of the STF is needed to approve a binding precedent (súmula vinculante)?
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