ENADE Direito Practice Questions - ENADE Direito - Exame Nacional De Desempenho Dos Estudantes (Direito) Exam

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A state legislative assembly passed a state statute regulating consumer protection by requiring commercial establishments to display detailed price breakdown labels on imported electronics. A retail confederation challenged the statute, claiming exclusive federal competence. Under the distribution of legislative powers established in Article 24 of the Brazilian Federal Constitution of 1988, how is competence partitioned in consumer law?

Exclusive competence of the Union under Article 22 of CF/88, which prevents state legislatures from supplementing federal consumer legislation under any economic circumstance. Exclusive municipal competence, since local commerce and store labeling fall exclusively within the constitutional definition of local interest. Concurrent competence between Union, States, and Federal District, where the Union sets general rules and States exercise supplementary legislative competence adapted to regional particularities. Delegated federal competence, which requires a specific complementary law (lei complementar) authorized by the National Congress before state enactment.

Correct Answer:

Concurrent competence between Union, States, and Federal District, where the Union sets general rules and States exercise supplementary legislative competence adapted to regional particularities.

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