OAB 1a Fase Practice Questions - OAB Exame de Ordem Unificado - 1a Fase (Prova Objetiva) Exam - OAB 1a Fase Practice Questions - OAB Exame de Ordem Unificado

Question 1

Carlos, an active attorney duly registered with the Brazilian Bar Association (OAB), is appointed and takes office as a titular Chief of Civil Police (Delegado de Polícia Civil). Desiring to maintain his private law office to handle civil and family law disputes exclusively during his off-duty hours, Carlos consults you regarding the legality of this arrangement under the Advocacy Statute (Lei 8.906/1994). Under Brazilian legal ethics rules, how should Carlos be advised?

He may practice private civil and family law provided there is no conflict of interest or involvement with criminal matters He is subject to a total incompatibility (incompatibilidade total) with the practice of law, requiring the automatic licensing or cancellation of his bar registration He is merely subject to an impediment (impedimento), preventing him from litigating against the Public Administration that pays his salary He may practice law provided he obtains prior authorization from the General Internal Affairs Office of the Civil Police and the OAB Sectional Council

Correct Answer:

He is subject to a total incompatibility (incompatibilidade total) with the practice of law, requiring the automatic licensing or cancellation of his bar registration

Question 2

A federal judge orders a judicial search and seizure warrant (mandado de busca e apreensão) targeting the law office of attorney Mariana because one of her corporate clients is under criminal investigation for money laundering. Mariana herself is not suspected of any illicit conduct or criminal co-authorship. According to the Statute of Advocacy (Lei 8.906/1994), what are the legal requirements and limits of this measure?

The warrant is illegal because the search and seizure at an attorney's office is strictly prohibited by law when the attorney is not formally investigated as a co-author or accomplice The search may be conducted freely by the Federal Police, provided Mariana is given forty-eight hours' advance written notice The search may seize all physical and digital files belonging to any of Mariana's clients to ensure comprehensive evidence gathering The search is valid only if conducted directly by the investigating magistrate in person, dispensing with the presence of an OAB representative

Correct Answer:

The warrant is illegal because the search and seizure at an attorney's office is strictly prohibited by law when the attorney is not formally investigated as a co-author or accomplice

Question 3

Attorney Lucas launches an aggressive advertising campaign on social media and regional radio stations. He publishes posts promising 'guaranteed 100% success in social security revisions' and distributes promotional flyers offering free initial consultations with 50% discounts on legal fees. Under the OAB Code of Ethics and Discipline (CED) and CFOAB Provimento 205/2021, how should Lucas's conduct be classified?

Lawful, because the Brazilian Constitution guarantees free enterprise and full commercial freedom of advertising for liberal professions Lawful regarding radio broadcasts, but illicit regarding the distribution of discount flyers and promotional discounts Ethically illicit, because legal advertising must maintain an informative nature, sobriety, and discretion, expressly prohibiting the mercantilization of the profession, promises of results, and price captation Ethically illicit only because he did not register the promotional campaign in advance with the OAB Ethics and Discipline Court (TED)

Correct Answer:

Ethically illicit, because legal advertising must maintain an informative nature, sobriety, and discretion, expressly prohibiting the mercantilization of the profession, promises of results, and price captation

Question 4

Juliana represents a claimant in an employment indemnification lawsuit on a contingency fee basis (*pacto quota litis*). After winning the case and securing R$ 100,000 in net compensation for her client, plus R$ 15,000 in court-awarded succumbent fees (*honorários sucumbenciais*), Juliana intends to deduct R$ 60,000 as her contractual fee, retaining a total of R$ 75,000. Under the Code of Ethics and Discipline (CED), is Juliana's fee retention valid?

Valid, because contractual autonomy allows the lawyer and client to freely stipulate any percentage of remuneration without statutory limits Invalid, because the combined total of contractual contingency fees and succumbent fees received by the lawyer cannot exceed the net economic advantage obtained by the client Valid, provided the client confirms the deduction in writing after the financial liquidation of the judicial award Invalid, because the *quota litis* clause is entirely prohibited in Brazilian labor and civil litigation

Correct Answer:

Invalid, because the combined total of contractual contingency fees and succumbent fees received by the lawyer cannot exceed the net economic advantage obtained by the client

Question 5

Attorney Fernando goes to a state maximum-security penitentiary to interview his client, who is held in preventive detention. The prison director denies Fernando private contact, claiming that under internal administrative regulations, defense counsel may only converse through a monitored glass partition with audio recording enabled. Under the Statute of Advocacy (Lei 8.906/1994), how should this situation be resolved?

The director's decision is lawful because penitentiary security protocols prevail over general professional prerogatives Fernando has the statutory prerogative to communicate with his incarcerated client personally and reservedly, even without a power of attorney, and any interception or surveillance without judicial authorization is illicit Fernando may only communicate reservedly if he presents a signed power of attorney (*procuração*) containing express special powers for prison visits Fernando has the right to private communication only if accompanied by an official representative of the Human Rights Commission of the OAB

Correct Answer:

Fernando has the statutory prerogative to communicate with his incarcerated client personally and reservedly, even without a power of attorney, and any interception or surveillance without judicial authorization is illicit

Question 1

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Prepare with the OAB 1a Fase Practice Questions - OAB Exame de Ordem Unificado - 1a Fase (Prova Objetiva) Exam practice quiz. This question bank includes 100 questions covering article, brazilian, code, judge, and civil. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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OAB 1a Fase Practice Questions - OAB Exame de Ordem Unificado - 1a Fase (Prova Objetiva) Exam

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OAB 1a Fase Practice Questions - OAB Exame de Ordem Unificado - 1a Fase (Prova Objetiva) Exam

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