ENADE Direito Practice Questions - ENADE Direito - Exame Nacional de Desempenho dos Estudantes (Direito) Exam - ENADE Direito Practice Questions - ENADE Direito - Exame Nacional de Desempenho dos Estudantes (Direito) Exam

Question 1

A Brazilian civil servant was summarily dismissed from public service without prior administrative disciplinary proceedings (PAD), violating the constitutional guarantees of adversarial proceedings and ample defense (art. 5, LV, CF/88). Considering the procedural instruments for constitutional protection of rights, which judicial remedy is appropriate to challenge this illegal administrative act when supported by incontrovertible documentary evidence?

Individual Mandado de Segurança, aimed at protecting a clear and certain right (direito líquido e certo) not covered by habeas corpus or habeas data, provided it is filed within the decadential period of 120 days counted from knowledge of the dismissal act. Habeas Data, designed to compel the public administration to modify discriminatory factual entries in official government personnel databases, provided there is proof of prior administrative refusal under Law 9.507/1997. Ação Popular, structured to annul harmful administrative acts directly threatening historical heritage, administrative morality, or municipal public treasury, requiring active civic voter standing under Law 4.717/1965. Mandado de Injunção, required whenever the absence of a regulatory legislative norm renders unviable the exercise of public employment prerogatives, under the special regulatory procedure of Law 13.300/2016.

Correct Answer:

Question 2

A State Governor enacts a state law that imposes new federal criminal sanctions for environmental offenses committed within state conservation units. The Federal Council of the Brazilian Bar Association (CFOAB) intends to challenge the constitutionality of this enactment before the Federal Supreme Court (STF). What is the appropriate concentrated constitutional review mechanism and jurisdictional standing rule?

Ação Declaratória de Constitucionalidade (ADC), because CFOAB must demonstrate controversial federal judicial divergence regarding state legislative authority. Ação Direta de Inconstitucionalidade (ADI), since CFOAB possesses universal procedural standing (legitimado universal) without needing to demonstrate thematic pertinence between the challenged norm and its institutional purposes. Arguição de Descumprimento de Preceito Fundamental (ADPF), given that state environmental statutes can only be contested subsidiarily after exhaustion of ordinary remedies. Recurso Extraordinário com Repercussão Geral, as direct constitutional actions against state legislation cannot be initiated by representative non-governmental councils.

Correct Answer:

Ação Direta de Inconstitucionalidade (ADI), since CFOAB possesses universal procedural standing (legitimado universal) without needing to demonstrate thematic pertinence between the challenged norm and its institutional purposes.

Question 3

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.

Question 4

The Inter-American Court of Human Rights (IACtHR) issued a binding judgment condemning the Brazilian State for failing to investigate and punish gross human rights violations committed during the military dictatorship, declaring amnesty provisions inapplicable to crimes against humanity. Regarding the domestic reception and the doctrine of conventionality control (controle de convencionalidade) in Brazil, what is the legal effect of this ruling?

Inter-American Court decisions have merely moral persuasive authority for domestic courts, allowing national superior courts to maintain domestic statutory amnesty unchanged. Inter-American judgments require prior legislative referendum by the National Congress to acquire domestic enforceability against federal statutory enactments. Inter-American Court judgments are automatically converted into Constitutional Amendments (Emendas Constitucionais) through an administrative resolution of the CNJ. Inter-American rulings require domestic judicial bodies to exercise diffuse conventionality control, prioritizing international human rights treaties over conflicting internal laws.

Correct Answer:

Inter-American rulings require domestic judicial bodies to exercise diffuse conventionality control, prioritizing international human rights treaties over conflicting internal laws.

Question 5

Police officers entered a private residence at 11:00 PM without a judicial search warrant, acting solely on an anonymous tip alleging narcotics trafficking inside the property. They seized two kilograms of cocaine and arrested the resident. According to Article 5, XI, of the Federal Constitution of 1988 and the binding jurisprudence of the STF (Tema 280 da Repercussão Geral), was the entry lawful?

No, because warrantless night entry into a home requires previous justified reasons (justa causa) supported by preliminary elements indicating a continuing flagrante delicto inside the dwelling. Yes, because the crime of drug trafficking is permanent in nature, which constitutionally justifies warrantless entry at any hour based on unverified anonymous reports. Yes, provided that the police officers formalize an administrative justification report within twenty-four hours after the completion of the home search. No, because under the Brazilian Constitution, entering a private home at nighttime is strictly prohibited under all circumstances, even in disasters or flagrante delicto.

Correct Answer:

No, because warrantless night entry into a home requires previous justified reasons (justa causa) supported by preliminary elements indicating a continuing flagrante delicto inside the dwelling.

Question 1

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ENADE Direito Practice Questions - ENADE Direito - Exame Nacional de Desempenho dos Estudantes (Direito) Exam

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