Procurador do Trabalho MPT Practice Questions - Concurso Público para Procurador do Trabalho (MPT) Exam - Procurador do Trabalho MPT Practice Questions - Concurso Público para Procurador do Trabalho (MPT) Exam

Question 1

Under the 1988 Federal Constitution of Brazil, the horizontal application of fundamental rights (eficácia horizontal dos direitos fundamentais) to private employment relationships establishes that:

Fundamental constitutional rights bind only public authorities and state organs, leaving private contractual relations governed exclusively by the Civil Code and the CLT. Fundamental constitutional rights directly apply to private legal relationships, prohibiting employers from infringing upon workers' human dignity, equality, and privacy under the pretext of managerial directive power. Fundamental rights apply to private employers only when explicitly incorporated through collective bargaining agreements or specific statutory provisions enacted by the National Congress. Private employers are immune from direct constitutional scrutiny unless the company receives direct state subsidies or public procurement financing.

Correct Answer:

Fundamental constitutional rights directly apply to private legal relationships, prohibiting employers from infringing upon workers' human dignity, equality, and privacy under the pretext of managerial directive power.

Question 2

In Direct Action of Unconstitutionality (ADI) 5766, the Supreme Federal Court (STF) analyzed the 2017 Labor Reform provisions regarding legal aid (justiça gratuita). What did the STF rule concerning the collection of expert and attorney fees from indigent workers?

The STF declared fully constitutional the automatic deduction of legal and expert fees from any judicial credits earned by indigent workers in any court. The STF declared unconstitutional the statutory provisions that automatically burdened beneficiaries of free legal aid with expert fees and opposing party attorney fees whenever they obtained credits in labor claims. The STF ruled that the Public Prosecution Service (MPT) must pay all expert and attorney fees incurred by indigent workers in individual labor suits. The STF established that free legal aid in Labor Courts is restricted to individuals earning less than half a minimum wage, regardless of actual financial vulnerability.

Correct Answer:

The STF declared unconstitutional the statutory provisions that automatically burdened beneficiaries of free legal aid with expert fees and opposing party attorney fees whenever they obtained credits in labor claims.

Question 3

The constitutional principle of the prohibition of social regression (princípio da vedação do retrocesso social or 'cláusula de não retorno') dictates that:

The legislature may freely revoke established fundamental social rights without any constitutional limitations whenever budgetary constraints occur. Once a fundamental social right is recognized and implemented by the constitutional and legislative framework, it cannot be arbitrarily eliminated or degraded without equivalent compensatory protections. Collective bargaining agreements can indefinitely suspend all statutory protections set forth in Article 7 of the Federal Constitution. Only economic and proprietary rights enjoy protection against legislative amendments, while social and labor guarantees remain purely discretionary program policies.

Correct Answer:

Once a fundamental social right is recognized and implemented by the constitutional and legislative framework, it cannot be arbitrarily eliminated or degraded without equivalent compensatory protections.

Question 4

Regarding the distribution of federative legislative competencies under Article 22, I of the 1988 Federal Constitution, which entity holds exclusive authority to legislate on labor law (Direito do Trabalho)?

The Municipalities, to regulate local commercial and industrial operating hours and overtime rules. The States and the Federal District concurrently with the Union, allowing each State to define distinct labor contract rules. The Union (Federal Government) exclusively, rendering state or municipal statutes that regulate substantive labor relations unconstitutional. Regional Labor Courts (TRTs), which possess delegated legislative power to issue regional binding labor statutes.

Correct Answer:

The Union (Federal Government) exclusively, rendering state or municipal statutes that regulate substantive labor relations unconstitutional.

Question 5

Articles 127 and 129 of the 1988 Federal Constitution define the institutional profile of the Public Prosecution (Ministério Público). What are its institutional principles and primary constitutional mission in the labor sphere?

Subordination to the Executive branch, indivisibility, and the defense of private commercial corporations in bankruptcy proceedings. Unity, indivisibility, and functional independence; its mission is the defense of the legal order, the democratic regime, and indisposable social and individual interests. Hierarchy, territorial fragmentation, and the exclusive judicial representation of labor unions in wage disputes. Judicial representation of the Federal Union in tax collection and civil damage claims against state employees.

Correct Answer:

Unity, indivisibility, and functional independence; its mission is the defense of the legal order, the democratic regime, and indisposable social and individual interests.

Question 1

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Prepare with the Procurador do Trabalho MPT Practice Questions - Concurso Público para Procurador do Trabalho (MPT) Exam practice quiz. This question bank includes 100 questions covering article, labor, federal, constitution, 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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Procurador do Trabalho MPT Practice Questions - Concurso Público para Procurador do Trabalho (MPT) Exam

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

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Procurador do Trabalho MPT Practice Questions - Concurso Público para Procurador do Trabalho (MPT) Exam

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