ENAM Practice Questions - ENAM - Exame Nacional da Magistratura Exam - ENAM Practice Questions - ENAM

Question 1

A Brazilian State Court of Justice (Tribunal de Justiça), while hearing an ordinary appeal (apelação cível), declared the unconstitutionality of a municipal statute through a unanimous decision rendered exclusively by its 3rd Civil Chamber (Câmara Cível), without submitting the constitutional issue to the Full Court (Tribunal Pleno) or the Special Body (Órgão Especial). Under Brazilian Constitutional Law and the binding jurisprudence of the Federal Supreme Court (STF), this judicial decision:

Is constitutionally valid because the Full Bench Rule applies exclusively to federal legislation challenged in federal courts. Violates the Full Bench Rule (Cláusula de Reserva de Plenário) under Article 97 of the Federal Constitution and Súmula Vinculante 10 of the STF. Is valid provided that the Chamber's decision was unanimous and based on established general principles of law. Violates the Constitution only if the municipal statute in question regulated municipal tax collection or budget execution.

Correct Answer:

Violates the Full Bench Rule (Cláusula de Reserva de Plenário) under Article 97 of the Federal Constitution and Súmula Vinculante 10 of the STF.

Question 2

The Governor of a Brazilian State filed a Direct Action of Unconstitutionality (Ação Direta de Inconstitucionalidade — ADI) before the Federal Supreme Court (STF) challenging a Federal Law that regulates environmental licensing for offshore oil exploration across the Brazilian continental shelf. In accordance with the 1988 Federal Constitution (Art. 103) and settled STF jurisprudence on active standing (legitimidade ativa), the STF will:

Hear the ADI on the merits because State Governors are universal standing parties (legitimados universais) exempt from demonstrating thematic pertinence. Reject the petition at the threshold (não conhecimento) for lack of standing because State Governors are qualified standing parties (legitimados especiais) who must demonstrate thematic pertinence (pertinência temática). Direct the proceedings to the Superior Court of Justice (STJ) because disputes between the Federal Union and States over natural resources are within the STJ's original jurisdiction. Dismiss the action because State Governors may only challenge State laws and municipal norms before the STF.

Correct Answer:

Reject the petition at the threshold (não conhecimento) for lack of standing because State Governors are qualified standing parties (legitimados especiais) who must demonstrate thematic pertinence (pertinência temática).

Question 3

A collective protest organized by a civil society group is planned to take place on a public avenue in a capital city on a Sunday morning. The local police authority prohibited the event on the sole ground that the organizers failed to apply for and obtain an official administrative license/permit 15 days in advance. According to Article 5, XVI, of the Brazilian Federal Constitution and STF jurisprudence (Tema 855 da Repercussão Geral), this administrative prohibition is:

Unconstitutional, because the right to peaceful assembly without weapons in public places does not require prior administrative authorization, and prior notification may be satisfied by any prior public manifestation without demanding formal registration. Constitutional, because public avenues are state assets subject to police power, which authorizes municipal authorities to require prior licensing. Constitutional, provided the municipal authority offers an alternative enclosed public sports arena for the demonstration. Unconstitutional only if the assembly is organized exclusively by a registered political party with parliamentary representation.

Correct Answer:

Question 4

Police officers, without a judicial search warrant, forced entry into a private residence at 11:30 PM based solely on the fact that an individual standing outside on the sidewalk fled into the house upon noticing the patrol car. Inside, officers discovered 30 grams of cocaine. Under Article 5, XI, of the Federal Constitution and STF binding precedent (Tema 280 da Repercussão Geral, RE 603.616), the search and the obtained evidence are:

Valid, because drug trafficking is a permanent crime (crime permanente), which creates an automatic and absolute exception to home inviolability at any hour. Illicit, because warrantless entry into a domicile requires prior, justifiable, and verifiable grounded reasons (fundadas razões) based on concrete preliminary elements, which cannot be established post factum by the mere finding of illicit drugs. Valid, provided the police officers formalize an internal incident report (auto de apreensão) within 24 hours of the raid. Illicit solely because warrantless entries into a residence can never be executed during nighttime hours, even in cases of flagrante delicto.

Correct Answer:

Illicit, because warrantless entry into a domicile requires prior, justifiable, and verifiable grounded reasons (fundadas razões) based on concrete preliminary elements, which cannot be established post factum by the mere finding of illicit drugs.

Question 5

Under the constitutional classification of the applicability of constitutional norms developed by José Afonso da Silva and adopted widely by Brazilian courts, a constitutional provision that creates an individual entitlement but explicitly leaves the scope, conditions, and potential restrictions of that right to be defined by subsequent ordinary infra-constitutional legislation is classified as a:

Norm of direct and automatic applicability with absolute non-derogability (norma de eficácia plena). Norm of restrainable/containable efficacy (norma de eficácia contida or redutível). Norm of limited efficacy requiring supplemental legislation (norma de eficácia limitada). Norm of deferred or programmatic ex post effectiveness (norma programática pura).

Correct Answer:

Norm of restrainable/containable efficacy (norma de eficácia contida or redutível).

Question 1

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Prepare with the ENAM Practice Questions - ENAM - Exame Nacional da Magistratura Exam practice quiz. This question bank includes 100 questions covering article, federal, brazilian, civil, and state. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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ENAM Practice Questions - ENAM - Exame Nacional da Magistratura Exam

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

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ENAM Practice Questions - ENAM - Exame Nacional da Magistratura Exam

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