STJ - Analista Judiciário Practice Questions - Superior Tribunal de Justiça - Analista Judiciário (Área Judiciária) Exam - STJ - Analista Judiciário Practice Questions - Superior Tribunal de Justiça - Analista Judiciário (Área Judiciária) Exam

Question 1

According to Article 104 of the Brazilian Federal Constitution of 1988 (CF/88), what is the constitutional composition and appointment rule for the Ministers of the Superior Tribunal de Justiça (STJ)?

The STJ is composed of a minimum of 33 Ministers, appointed by the President of the Republic after approval by an absolute majority of the Federal Senate, chosen from Brazilians aged between 35 and 70 years of notable legal knowledge and unblemished reputation. The STJ is composed of exactly 11 Ministers, appointed by the President of the Republic from among native-born Brazilian citizens of notable legal knowledge after approval by the Chamber of Deputies. The STJ is composed of 27 Ministers appointed by competitive public examination, distributed equally among federal judges, state magistrates, and public defenders. The STJ is composed of 21 Ministers appointed by the National Council of Justice (CNJ) through a direct secret ballot among career appellate judges.

Correct Answer:

Question 2

Under Article 105, item I, sub-item 'a', of CF/88, which judicial body possesses exclusive original constitutional jurisdiction to process and judge State Governors (Governadores dos Estados e do Distrito Federal) for common criminal offenses (crimes comuns)?

The Supremo Tribunal Federal (STF) in its Plenary session. The Superior Tribunal de Justiça (STJ) through its Corte Especial. The Tribunal de Justiça of the respective state where the criminal conduct occurred. The Tribunal Regional Federal (TRF) of the corresponding federal judicial region.

Correct Answer:

The Superior Tribunal de Justiça (STJ) through its Corte Especial.

Question 3

Regarding the original criminal jurisdiction of the Superior Tribunal de Justiça over appellate judges (Desembargadores) of State Courts of Justice (TJs) and Federal Regional Courts (TRFs), what does Article 105, I, 'a', of CF/88 establish?

The STJ has original jurisdiction to process and judge Desembargadores of TJs and TRFs exclusively in common crimes, while crimes of responsibility are tried by the State Legislative Assemblies. The STJ has original jurisdiction to process and judge Desembargadores of TJs and TRFs in both common crimes and crimes of responsibility (crimes de responsabilidade). Desembargadores of TJs are judged by the STJ in common crimes, but Desembargadores of TRFs are judged directly by the STF. The STJ only judges Desembargadores if the crime involves misappropriation of federal public funds exceeding 100 minimum wages.

Correct Answer:

The STJ has original jurisdiction to process and judge Desembargadores of TJs and TRFs in both common crimes and crimes of responsibility (crimes de responsabilidade).

Question 4

A federal public servant wishes to file a Mandado de Segurança against an administrative act performed directly by a Minister of State (Ministro de Estado). According to Article 105, I, 'b', of CF/88, which court has original competence to adjudicate this petition?

The Superior Tribunal de Justiça (STJ). The Supremo Tribunal Federal (STF). The Tribunal Regional Federal da 1ª Região (TRF-1). The Federal District Court (Vara Federal da Seção Judiciária do Distrito Federal).

Correct Answer:

The Superior Tribunal de Justiça (STJ).

Question 5

When a Habeas Corpus petition is denied (denegado) in a single or final instance by a Tribunal Regional Federal (TRF) or a State Tribunal de Justiça (TJ), what is the appropriate constitutional remedy to bring the matter directly to the STJ?

Recurso Ordinário Constitucional (ROC em Habeas Corpus) under Article 105, II, 'a', of CF/88. Recurso Especial (REsp) based exclusively on divergence of jurisprudence under Article 105, III, 'c'. Reclamação Constitucional under Article 105, I, 'f', of CF/88. Agravo de Instrumento under Article 1015 of the CPC/2015.

Correct Answer:

Recurso Ordinário Constitucional (ROC em Habeas Corpus) under Article 105, II, 'a', of CF/88.

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Prepare with the STJ - Analista Judiciário Practice Questions - Superior Tribunal de Justiça - Analista Judiciário (Área Judiciária) Exam practice quiz. This question bank includes 100 questions covering article, especial, recurso, federal, and constitutional. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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STJ - Analista Judiciário Practice Questions - Superior Tribunal de Justiça - Analista Judiciário (Área Judiciária) Exam

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STJ - Analista Judiciário Practice Questions - Superior Tribunal de Justiça - Analista Judiciário (Área Judiciária) Exam

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