Advogado Da União AGU Practice Questions - Concurso Público Para Advogado Da União (AGU) Exam

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In an Ação Direta de Inconstitucionalidade (ADI) before the Federal Supreme Court (STF), the Advogado-Geral da União is summoned pursuant to Article 103, §3º of the Federal Constitution. According to modern STF jurisprudence regarding the AGU's constitutional role as 'defensor legis', what is the AGU's obligation when the challenged federal statutory provision directly contradicts established binding precedents of the STF?

The AGU must blindly defend the challenged statute under all circumstances without any exception, regardless of prior STF rulings. The AGU is not required to defend a statute whose unconstitutionality has already been declared by the STF in binding precedent, being authorized to adopt a position aligned with Supreme Court jurisprudence. The AGU acts as custos legis and must automatically issue an opinion recommending the nullification of any statute challenged by the Attorney General of the Republic. The AGU loses standing to participate in the proceedings whenever the President of the Republic has vetoed any part of the original legislative proposal.

Correct Answer:

The AGU is not required to defend a statute whose unconstitutionality has already been declared by the STF in binding precedent, being authorized to adopt a position aligned with Supreme Court jurisprudence.

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