OAB 1a Fase Practice Questions - OAB Exame De Ordem Unificado - 1a Fase (Prova Objetiva) Exam

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Carlos, an active attorney duly registered with the Brazilian Bar Association (OAB), is appointed and takes office as a titular Chief of Civil Police (Delegado de Polícia Civil). Desiring to maintain his private law office to handle civil and family law disputes exclusively during his off-duty hours, Carlos consults you regarding the legality of this arrangement under the Advocacy Statute (Lei 8.906/1994). Under Brazilian legal ethics rules, how should Carlos be advised?

He may practice private civil and family law provided there is no conflict of interest or involvement with criminal matters He is subject to a total incompatibility (incompatibilidade total) with the practice of law, requiring the automatic licensing or cancellation of his bar registration He is merely subject to an impediment (impedimento), preventing him from litigating against the Public Administration that pays his salary He may practice law provided he obtains prior authorization from the General Internal Affairs Office of the Civil Police and the OAB Sectional Council

Correct Answer:

He is subject to a total incompatibility (incompatibilidade total) with the practice of law, requiring the automatic licensing or cancellation of his bar registration

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