OAB 2a Fase Practice Questions - OAB Exame de Ordem Unificado - 2a Fase (Prova Prático-Profissional) Exam - OAB 2a Fase Practice Questions - OAB Exame de Ordem Unificado - 2a Fase (Prova Prático-Profissional) Exam

Question 1

A client seeks legal counsel after receiving an adverse final judgment in an ordinary civil lawsuit rendered by a state trial judge (juiz de direito) in São Paulo. The judgment fully dismissed all claims on the merits. What is the appropriate procedural remedy to challenge this judgment, to which court should the interposition petition and reasons be addressed, and what is the statutory deadline under the Brazilian Code of Civil Procedure (CPC)?

Apelação (Appeal), addressed to the trial judge for initial formal interposition and remittal to the Tribunal de Justiça (TJ/SP) for appellate judgment, within 15 business days. Agravo de Instrumento (Interlocutory Appeal), addressed directly to the Tribunal de Justiça (TJ/SP), within 15 business days. Recurso Ordinário Constitucional (ROC), filed directly with the Superior Tribunal de Justiça (STJ), within 15 business days. Embargos Infringentes, filed before the trial judge within 10 business days.

Correct Answer:

Apelação (Appeal), addressed to the trial judge for initial formal interposition and remittal to the Tribunal de Justiça (TJ/SP) for appellate judgment, within 15 business days.

Question 2

In a civil action for damages, the trial judge issues an interlocutory decision rejecting the defendant's preliminary objection alleging the existence of a valid arbitration agreement (convenção de arbitragem). The defendant wishes to challenge this decision immediately. Which procedural piece should the attorney file, and on what legal basis?

Agravo de Instrumento, filed directly with the appellate court (Tribunal de Justiça) pursuant to Art. 1.015, clause III, of the CPC. Apelação, filed before the trial court within 15 business days as a final appeal on preliminary jurisdiction. Mandado de Segurança, filed in the appellate court arguing lack of procedural appeal. Correição Parcial, filed with the internal judicial council for error of procedure.

Correct Answer:

Agravo de Instrumento, filed directly with the appellate court (Tribunal de Justiça) pursuant to Art. 1.015, clause III, of the CPC.

Question 3

A plaintiff files a collection lawsuit (Ação de Cobrança) against a debtor. The defendant is properly served and retains you to draft the defense. In reviewing the complaint, you notice that the debt became enforceable 6 years ago, surpassing the 5-year statutory period under Art. 206, § 5º, I, of the Brazilian Civil Code, and the plaintiff failed to include mandatory proof of payment demands. In drafting the Contestação (Answer), how should these arguments be structured?

Preliminary objection of lack of procedural interest/documentary ineptitude (Art. 337, CPC), prejudicial defense on the merits asserting statute of limitations/prescription (Art. 487, II, CPC), and subsidiary merits defense. Principal counter-claim (Reconvenção) for damages only, omitting preliminary arguments because prescription extinguishes the suit automatically. Petição de Exceção de Incompetência followed by a separate autonomous action to declare the nullity of the debt. Embargos à Execução addressed to the distributor judge, requesting immediate suspension without filing a defense.

Correct Answer:

Question 4

A tenant defaults on rent payments for 4 months under a residential lease contract. The landlord wishes to recover possession of the property and collect the overdue rental amounts with penalties. Under Brazilian law (Lei nº 8.245/1991 - Lei do Inquilinato and CPC), which professional piece and cumulative requests must the attorney formulate?

Ação de Despejo cumulada com Cobrança de Aluguéis e Acessórios da Locação, requesting eviction, rescission of the contract, and condemnation of tenant and guarantor to pay outstanding arrears. Ação Reintegratória de Posse cumulada com Perdas e Danos, requesting immediate repossession under general possessory rules of the CPC. Ação Monitória based solely on the rental agreement without requesting termination of the lease or eviction. Ação de Execução de Título Extrajudicial requesting eviction and immediate seal of the residential premises.

Correct Answer:

Ação de Despejo cumulada com Cobrança de Aluguéis e Acessórios da Locação, requesting eviction, rescission of the contract, and condemnation of tenant and guarantor to pay outstanding arrears.

Question 5

An appellate court (Tribunal de Justiça) issues a collegial judgment (acórdão) in an appeal where it overlooked a vital express contractual clause and failed to rule on a timely raised constitutional issue. To eliminate the obscurity and omission without altering the substance, what procedural piece must be presented, to whom, and within what deadline?

Embargos de Declaração, addressed to the reporting judge (Desembargador Relator) of the appellate panel, within 5 business days. Recurso Especial, addressed to the President of the Tribunal de Justiça, within 15 business days. Agravo Interno, addressed to the collegiate chamber, within 15 business days. Recurso Extraordinário, addressed directly to the Supreme Federal Court (STF), within 5 business days.

Correct Answer:

Embargos de Declaração, addressed to the reporting judge (Desembargador Relator) of the appellate panel, within 5 business days.

Question 1

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Prepare with the OAB 2a Fase Practice Questions - OAB Exame de Ordem Unificado - 2a Fase (Prova Prático-Profissional) Exam practice quiz. This question bank includes 100 questions covering procedural, defendant, piece, defense, and court. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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OAB 2a Fase Practice Questions - OAB Exame de Ordem Unificado - 2a Fase (Prova Prático-Profissional) Exam

This practice set contains 100 questions from the matching question bank and focuses on procedural, defendant, piece, defense, and court. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

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OAB 2a Fase Practice Questions - OAB Exame de Ordem Unificado - 2a Fase (Prova Prático-Profissional) Exam

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