ENAM Practice Questions - ENAM - Exame Nacional Da Magistratura Exam

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A Brazilian State Court of Justice (Tribunal de Justiça), while hearing an ordinary appeal (apelação cível), declared the unconstitutionality of a municipal statute through a unanimous decision rendered exclusively by its 3rd Civil Chamber (Câmara Cível), without submitting the constitutional issue to the Full Court (Tribunal Pleno) or the Special Body (Órgão Especial). Under Brazilian Constitutional Law and the binding jurisprudence of the Federal Supreme Court (STF), this judicial decision:

Is constitutionally valid because the Full Bench Rule applies exclusively to federal legislation challenged in federal courts. Violates the Full Bench Rule (Cláusula de Reserva de Plenário) under Article 97 of the Federal Constitution and Súmula Vinculante 10 of the STF. Is valid provided that the Chamber's decision was unanimous and based on established general principles of law. Violates the Constitution only if the municipal statute in question regulated municipal tax collection or budget execution.

Correct Answer:

Violates the Full Bench Rule (Cláusula de Reserva de Plenário) under Article 97 of the Federal Constitution and Súmula Vinculante 10 of the STF.

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