Analista Do MPU (Área Jurídica) Practice Questions - Concurso MPU - Analista Do MPU (Área Jurídica, Brazil) Exam

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Article 128, §5º, I, of CF/88 grants vitaliciedade, inamovibilidade, and irredutibilidade de subsídio to members of the Ministério Público. Regarding the guarantee of inamovibilidade (tenure of location/office), under what constitutional condition may an MP member be removed or transferred against their will?

By unilateral executive decree of the President of the Republic during a state of defense. Only for reasons of public interest, through a decision by the competent collegiate body of the Ministério Público, by a vote of two-thirds of its members, ensuring full defense. By simple majority vote of the State Legislative Assembly or Federal Senate upon request of the local governor. Under no circumstances whatsoever, as inamovibilidade is an absolute guarantee that cannot be restricted even by collegiate decision.

Correct Answer:

Only for reasons of public interest, through a decision by the competent collegiate body of the Ministério Público, by a vote of two-thirds of its members, ensuring full defense.

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