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

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Attorney Fernando goes to a state maximum-security penitentiary to interview his client, who is held in preventive detention. The prison director denies Fernando private contact, claiming that under internal administrative regulations, defense counsel may only converse through a monitored glass partition with audio recording enabled. Under the Statute of Advocacy (Lei 8.906/1994), how should this situation be resolved?

The director's decision is lawful because penitentiary security protocols prevail over general professional prerogatives Fernando has the statutory prerogative to communicate with his incarcerated client personally and reservedly, even without a power of attorney, and any interception or surveillance without judicial authorization is illicit Fernando may only communicate reservedly if he presents a signed power of attorney (*procuração*) containing express special powers for prison visits Fernando has the right to private communication only if accompanied by an official representative of the Human Rights Commission of the OAB

Correct Answer:

Fernando has the statutory prerogative to communicate with his incarcerated client personally and reservedly, even without a power of attorney, and any interception or surveillance without judicial authorization is illicit

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