Advogado da União AGU Practice Questions - Concurso Público para Advogado da União (AGU) Exam - Advogado da União AGU Practice Questions - Concurso Público para Advogado da União (AGU) Exam

Question 1

Under Article 131 of the Brazilian Federal Constitution of 1988 and Complementary Law No. 73/1993 (Lei Orgânica da AGU), what is the constitutional definition and institutional scope of the Advocacia-Geral da União (AGU)?

It is the institution that directly, or through a linked body, represents the Union judicially and extrajudicially, and is responsible for legal advisory and consultative activities for the Federal Executive Branch. It is an autonomous body of the Federal Public Prosecutor's Office (MPF) responsible exclusively for judicial defense of federal public servants in criminal proceedings. It is a jurisdictional organ linked to the Federal Supreme Court (STF) whose sole mandate is filing direct actions of unconstitutionality against state legislation. It is an auxiliary department of the National Congress entrusted with verifying the constitutionality of legislative bills before presidential sanction.

Correct Answer:

Question 2

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.

Question 3

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.

Question 4

In constitutional hermeneutics, what does the doctrine of 'prohibition of insufficient protection' (proibição de proteção deficiente / Untermaßverbot), as applied by the Brazilian Federal Supreme Court, entail?

It represents the positive dimension of the principle of proportionality, prohibiting the State from adopting measures that are inadequate or under-protective of fundamental constitutional rights. It prohibits the Legislative Branch from enacting criminal statutes with mandatory minimum sentences exceeding five years. It requires administrative courts to grant preliminary injunctions against the Public Treasury regardless of budgetary constraints. It forces the Federal Executive Branch to exhaust 100% of budgeted resources on social assistance before servicing federal public debt.

Correct Answer:

It represents the positive dimension of the principle of proportionality, prohibiting the State from adopting measures that are inadequate or under-protective of fundamental constitutional rights.

Question 5

A private contractor seeks a writ of mandamus (Mandado de Segurança) against an administrative act issued by a Minister of State (Ministro de Estado) that disqualified its consortium from a major national infrastructure concession. Which judicial body has original constitutional jurisdiction to try and judge this Mandado de Segurança?

The Superior Court of Justice (Superior Tribunal de Justiça — STJ). The Federal Supreme Court (Supremo Tribunal Federal — STF). The Federal Regional Court (Tribunal Regional Federal — TRF) of the 1st Region. The Federal District Court (Juízo Federal de Primeira Instância) of Brasília.

Correct Answer:

The Superior Court of Justice (Superior Tribunal de Justiça — STJ).

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Prepare with the Advogado da União AGU Practice Questions - Concurso Público para Advogado da União (AGU) Exam practice quiz. This question bank includes 100 questions covering federal, article, public, constitutional, and legal. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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Advogado da União AGU Practice Questions - Concurso Público para Advogado da União (AGU) Exam

This practice set contains 100 questions from the matching question bank and focuses on federal, article, public, constitutional, and legal. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

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Advogado da União AGU Practice Questions - Concurso Público para Advogado da União (AGU) Exam

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