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1Under Article 131 of the Brazilian Federal Constitution of 1988 and Complementary Law No. 73/1993 (Lei Orgânica da AGU), what is the constitutional definition and institutional scope of the Advocacia-Geral da União (AGU)?
A.It is the institution that directly, or through a linked body, represents the Union judicially and extrajudicially, and is responsible for legal advisory and consultative activities for the Federal Executive Branch.
B.It is an autonomous body of the Federal Public Prosecutor's Office (MPF) responsible exclusively for judicial defense of federal public servants in criminal proceedings.
C.It is a jurisdictional organ linked to the Federal Supreme Court (STF) whose sole mandate is filing direct actions of unconstitutionality against state legislation.
D.It is an auxiliary department of the National Congress entrusted with verifying the constitutionality of legislative bills before presidential sanction.
Explanation: According to Article 131, caput, of the 1988 Federal Constitution and Article 1 of Complementary Law No. 73/1993, the AGU is the institution that represents the Union both judicially and extrajudicially, either directly or through connected subordinate bodies. In addition, it performs legal consultancy and advisory activities for the Federal Executive Branch, headed by the Advogado-Geral da União, appointed directly by the President of the Republic.
2In an Ação Direta de Inconstitucionalidade (ADI) before the Federal Supreme Court (STF), the Advogado-Geral da União is summoned pursuant to Article 103, §3º of the Federal Constitution. According to modern STF jurisprudence regarding the AGU's constitutional role as 'defensor legis', what is the AGU's obligation when the challenged federal statutory provision directly contradicts established binding precedents of the STF?
A.The AGU must blindly defend the challenged statute under all circumstances without any exception, regardless of prior STF rulings.
B.The AGU is not required to defend a statute whose unconstitutionality has already been declared by the STF in binding precedent, being authorized to adopt a position aligned with Supreme Court jurisprudence.
C.The AGU acts as custos legis and must automatically issue an opinion recommending the nullification of any statute challenged by the Attorney General of the Republic.
D.The AGU loses standing to participate in the proceedings whenever the President of the Republic has vetoed any part of the original legislative proposal.
Explanation: According to established STF jurisprudence (leading precedents in ADI 1.616 and ADI 3.916), while Article 103, §3º of CF/88 assigns the AGU the role of defending the impugned statutory norm (defensor legis), this constitutional duty is not absolute. The Advogado-Geral da União is relieved from defending a norm if the STF has already declared its unconstitutionality in settled jurisprudence or binding precedents, or when the norm contradicts established constitutional theses.
3A Brazilian State passes a state law establishing detailed civil liability rules for consumer data breaches and imposing mandatory arbitration clauses in consumer adhesion contracts across all local utilities. In an ADI filed by the President of the Republic represented by the AGU, how should the STF evaluate the constitutional validity of this state law under the federal division of legislative powers?
A.The state law is fully constitutional because consumer protection is an exclusive municipal legislative power under Article 30 of CF/88.
B.The state law is valid because States hold unlimited concurrent competence to establish procedural and civil rules without federal framework restrictions.
C.The state law is unconstitutional because civil law, commercial law, and procedural law are subject to the exclusive (privative) legislative competence of the Union under Article 22, I of CF/88.
D.The state law is unconstitutional solely because only the Federal Public Defender's Office has the constitutional prerogative to litigate arbitration matters.
Explanation: Under Article 22, item I of the 1988 Federal Constitution, the Union has exclusive (privative) competence to legislate on civil, commercial, and procedural law. Although States possess concurrent legislative competence over consumer protection (Art. 24, V, CF/88), they cannot invade substantive civil liability doctrines or procedural arbitration rules reserved exclusively to federal statutory legislation.
4In constitutional hermeneutics, what does the doctrine of 'prohibition of insufficient protection' (proibição de proteção deficiente / Untermaßverbot), as applied by the Brazilian Federal Supreme Court, entail?
A.It represents the positive dimension of the principle of proportionality, prohibiting the State from adopting measures that are inadequate or under-protective of fundamental constitutional rights.
B.It prohibits the Legislative Branch from enacting criminal statutes with mandatory minimum sentences exceeding five years.
C.It requires administrative courts to grant preliminary injunctions against the Public Treasury regardless of budgetary constraints.
D.It forces the Federal Executive Branch to exhaust 100% of budgeted resources on social assistance before servicing federal public debt.
Explanation: The prohibition of insufficient protection (proibição de proteção deficiente / Untermaßverbot) is the double-sided aspect of the principle of proportionality (alongside the prohibition of excess / Übermaßverbot). As consolidated in STF jurisprudence (e.g., ADI 3.112 and HC 104.410), it establishes that the State violates fundamental rights not only when it overreaches into individual liberty, but also when it fails to provide adequate, effective, and sufficient legal or material protection to constitutional goods and citizens.
5A private contractor seeks a writ of mandamus (Mandado de Segurança) against an administrative act issued by a Minister of State (Ministro de Estado) that disqualified its consortium from a major national infrastructure concession. Which judicial body has original constitutional jurisdiction to try and judge this Mandado de Segurança?
A.The Superior Court of Justice (Superior Tribunal de Justiça — STJ).
B.The Federal Supreme Court (Supremo Tribunal Federal — STF).
C.The Federal Regional Court (Tribunal Regional Federal — TRF) of the 1st Region.
D.The Federal District Court (Juízo Federal de Primeira Instância) of Brasília.
Explanation: Under Article 105, item I, 'b' of the 1988 Federal Constitution, the Superior Court of Justice (STJ) has original constitutional jurisdiction to process and judge writs of mandamus (mandados de segurança) and habeas data against acts of Ministers of State (Ministros de Estado), Commanders of the Navy, Army, and Air Force, or of the Court itself.
6Under Law No. 13.300/2016 and consolidated STF jurisprudence regarding the Mandado de Injunção and Ação Direta de Inconstitucionalidade por Omissão (ADO), what is the legal effect when the STF recognizes an unconstitutional legislative omission that obstructs the exercise of a fundamental right?
A.The STF automatically dissolves the National Congress and transfers legislative power to the Advogado-Geral da União.
B.The STF must declare the constitutional provision void and unenforceable due to lack of statutory regulation.
C.In the individual or collective Mandado de Injunção, the STF adopts a concretist approach, establishing the specific conditions under which the right shall be exercised by the petitioner until legislative enactment.
D.The decision in Mandado de Injunção produces purely moral recommendations without any binding or enforceable legal effects on public administrative authorities.
Explanation: Under Law No. 13.300/2016 (Arts. 8º and 9º) and the consolidated concretist jurisprudence of the STF (e.g., MI 712 regarding the right to strike of public servants), when the Court acknowledges an unconstitutional omission, it does not merely notify the legislature; it establishes the concrete conditions, terms, and applicable statutory analogies for the exercise of the fundamental right until the competent legislative body enacts the missing statute.
7Under Law No. 9.882/1999 and STF jurisprudence governing the Arguição de Descumprimento de Preceito Fundamental (ADPF), which of the following requirements represents the 'principle of subsidiarity' (princípio da subsidiariedade)?
A.An ADPF is admissible only if the petitioner is a municipal mayor representing a city with fewer than 50,000 residents.
B.An ADPF shall not be admitted when there is any other equally effective legal remedy capable of curing the injury or harmful state of affairs in an abstract, concentrated, and comprehensive manner.
C.An ADPF requires prior exhaustion of all three administrative instances within the Ministry of Justice before being filed with the STF.
D.An ADPF can only be brought as a secondary claim following the final dismissal of an ordinary civil action in a state court.
Explanation: According to Article 4, §1º of Law No. 9.882/1999 and established STF doctrine (ADPF 33, ADPF 130), the principle of subsidiarity dictates that an ADPF is only admissible when there is no other effective procedural instrument available in the concentrated constitutional review system (such as ADI or ADC) capable of redressing the injury to a fundamental constitutional precept with broad, immediate, and comprehensive efficacy.
8A group of federal deputies seeks a writ of mandamus (Mandado de Segurança) before the STF to suspend the floor voting of a Proposed Constitutional Amendment (PEC) that allegedly abolishes the direct, secret, universal, and periodic vote. According to STF jurisprudence, what is the standard for judicial review of legislative proposals (controle preventivo de constitucionalidade)?
A.The STF has no jurisdiction under any circumstances to analyze ongoing legislative proceedings due to the absolute separation of powers doctrine.
B.Any Brazilian registered voter has direct standing to file a Mandado de Segurança before the STF to block unconstitutional legislative deliberations.
C.The AGU must unilaterally suspend parliamentary debates by issuing a binding administrative legal opinion.
D.Individual members of the National Congress have legitimate procedural standing via Mandado de Segurança to defend their right to participate in a valid legislative process free from proposals violating petrous clauses (Art. 60, §4º, CF/88).
Explanation: According to landmark STF jurisprudence (MS 20.257 and MS 24.642), individual federal parliamentarians (Deputies or Senators) have active standing to file a Mandado de Segurança directly with the STF to exercise preventive judicial review against proposed constitutional amendments that violate petrous clauses (Art. 60, §4º, CF/88) or flagrantly infringe the constitutional legislative process, protecting the parliamentarian's subjective right to a legitimate legislative procedure.
9Under Article 62 of the 1988 Federal Constitution, which of the following subjects is EXPRESSLY prohibited from being regulated by a Provisional Measure (Medida Provisória) issued by the President of the Republic?
A.Nationality, citizenship, political rights, political parties, and electoral law.
B.Opening of extraordinary budgetary credits to meet unforeseen and urgent expenses such as war or public calamity.
C.Fixing the administrative organizational structure of federal ministries and executive secretariats.
D.Establishing federal tax exemptions for humanitarian disaster relief supplies.
Explanation: Article 62, §1º, item I, 'a' of the Federal Constitution explicitly prohibits the issuance of Provisional Measures on matters concerning nationality, citizenship, political rights, political parties, and electoral law. It also forbids MPs on criminal law, civil procedural law, criminal procedural law, and matters reserved to complementary law.
10Under Articles 136 and 137 of the 1988 Federal Constitution, what is a fundamental procedural distinction between the declaration of a State of Defense (Estado de Defesa) and a State of Siege (Estado de Sítio)?
A.The State of Defense can only be decreed after prior authorization from the Federal Supreme Court.
B.The President of the Republic decrees the State of Defense and then submits it to the National Congress within 24 hours for approval, whereas the State of Siege requires prior authorization from the National Congress before being decreed.
C.The State of Siege can be decreed unilaterally by the Minister of Defense without consulting the President of the Republic.
D.The State of Defense cannot restrict any fundamental constitutional rights, whereas the State of Siege automatically suspends the entire Constitution.
Explanation: Under Article 136 of CF/88, the President of the Republic decrees the State of Defense after consulting the Council of the Republic and Council of National Defense, and submits the decree within 24 hours to the National Congress for subsequent approval. In contrast, under Article 137 of CF/88, the President must request and obtain prior authorization (autorização prévia) from the National Congress before decreeing a State of Siege.
About the Advogado da União AGU Exam
The Concurso Público para Advogado da União is the premier federal government attorney appointment process organized by the AGU and Cebraspe under Lei Complementar nº 73/1993. Advogados da União represent the Federal Union in judicial and extrajudicial proceedings, provide legal counsel to the President of the Republic and ministries, and uphold constitutional legality across all federal administrative acts.
Assessment
Six phases: prova objetiva (100 five-option MCQs, 5 hours, worth 100 points — Grupo I 46, Grupo II 34, Grupo III 20); three discursive papers (P2 one parecer + 3 questions, P3 one peça judicial + 3 questions, P4 one dissertação + 3 questions, 300 points total); inscrição definitiva; prova oral; sindicância de vida pregressa; and avaliação de títulos.
Time Limit
5 hours (300 minutes)
Passing Score
Minimum 50% of the points in each of the three discipline groups
Exam Fee
R$ 180,00 (Advocacia-Geral da União (AGU) / Cebraspe)
Advogado da União AGU Exam Content Outline
50%
Grupo I: Direito Constitucional, Administrativo, Tributário, Legislação da AGU, Financeiro e Econômico e Ambiental
Constitutional judicial review, public contracts (Lei 14.133/2021), administrative improbity (Lei 14.230/2021), and Fazenda Pública procedural privileges.
30%
Grupo II: Direito Civil, Processual Civil, Empresarial e Internacional Público e Privado
Budget law (LRF), tax principles, state civil liability, public domain assets, and state-owned enterprises (Lei 13.303/2016).
20%
Grupo III: Direito Penal e Processual Penal, do Trabalho e Processual do Trabalho, da Seguridade Social e Eleitoral
Labor liability of the State (Tema 246 STF), environmental licensing, and public international law.
How to Pass the Advogado da União AGU Exam
What You Need to Know
- Passing score: Minimum 50% of the points in each of the three discipline groups
- Assessment: Six phases: prova objetiva (100 five-option MCQs, 5 hours, worth 100 points — Grupo I 46, Grupo II 34, Grupo III 20); three discursive papers (P2 one parecer + 3 questions, P3 one peça judicial + 3 questions, P4 one dissertação + 3 questions, 300 points total); inscrição definitiva; prova oral; sindicância de vida pregressa; and avaliação de títulos.
- Time limit: 5 hours (300 minutes)
- Exam fee: R$ 180,00
Keys to Passing
- Work through all 100 available questions
- Review every answer and explanation
- Track weak areas and revisit them
- Use our AI tutor for tough concepts
Frequently Asked Questions
What is the role of an Advogado da União?
An Advogado da União represents the Federal Executive, Legislative, and Judicial branches in judicial litigation and provides direct legal counseling to federal ministries and the Presidency of the Republic.
What is the passing score for the AGU objective examination?
There is no single overall cut. Item 8.13.4 of Edital nº 1 – AGU/2022 requires at least 50% of the points in each of the three discipline groups (Grupo I with 46 questions, Grupo II with 34, Grupo III with 20). A candidate who falls below 50% in any one group is eliminated regardless of the total score.
What forensic practice requirement applies to the AGU competition?
Candidates must have an active OAB registration and at least 2 years of verified forensic legal practice (prática forense) completed prior to registration.