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

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A federal judge orders a judicial search and seizure warrant (mandado de busca e apreensão) targeting the law office of attorney Mariana because one of her corporate clients is under criminal investigation for money laundering. Mariana herself is not suspected of any illicit conduct or criminal co-authorship. According to the Statute of Advocacy (Lei 8.906/1994), what are the legal requirements and limits of this measure?

The warrant is illegal because the search and seizure at an attorney's office is strictly prohibited by law when the attorney is not formally investigated as a co-author or accomplice The search may be conducted freely by the Federal Police, provided Mariana is given forty-eight hours' advance written notice The search may seize all physical and digital files belonging to any of Mariana's clients to ensure comprehensive evidence gathering The search is valid only if conducted directly by the investigating magistrate in person, dispensing with the presence of an OAB representative

Correct Answer:

The warrant is illegal because the search and seizure at an attorney's office is strictly prohibited by law when the attorney is not formally investigated as a co-author or accomplice

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