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

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A Brazilian State passes a state law establishing detailed civil liability rules for consumer data breaches and imposing mandatory arbitration clauses in consumer adhesion contracts across all local utilities. In an ADI filed by the President of the Republic represented by the AGU, how should the STF evaluate the constitutional validity of this state law under the federal division of legislative powers?

The state law is fully constitutional because consumer protection is an exclusive municipal legislative power under Article 30 of CF/88. The state law is valid because States hold unlimited concurrent competence to establish procedural and civil rules without federal framework restrictions. The state law is unconstitutional because civil law, commercial law, and procedural law are subject to the exclusive (privative) legislative competence of the Union under Article 22, I of CF/88. The state law is unconstitutional solely because only the Federal Public Defender's Office has the constitutional prerogative to litigate arbitration matters.

Correct Answer:

The state law is unconstitutional because civil law, commercial law, and procedural law are subject to the exclusive (privative) legislative competence of the Union under Article 22, I of CF/88.

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