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Sample ENADE Direito Practice Questions

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1A Brazilian civil servant was summarily dismissed from public service without prior administrative disciplinary proceedings (PAD), violating the constitutional guarantees of adversarial proceedings and ample defense (art. 5, LV, CF/88). Considering the procedural instruments for constitutional protection of rights, which judicial remedy is appropriate to challenge this illegal administrative act when supported by incontrovertible documentary evidence?
A.Individual Mandado de Segurança, aimed at protecting a clear and certain right (direito líquido e certo) not covered by habeas corpus or habeas data, provided it is filed within the decadential period of 120 days counted from knowledge of the dismissal act.
B.Habeas Data, designed to compel the public administration to modify discriminatory factual entries in official government personnel databases, provided there is proof of prior administrative refusal under Law 9.507/1997.
C.Ação Popular, structured to annul harmful administrative acts directly threatening historical heritage, administrative morality, or municipal public treasury, requiring active civic voter standing under Law 4.717/1965.
D.Mandado de Injunção, required whenever the absence of a regulatory legislative norm renders unviable the exercise of public employment prerogatives, under the special regulatory procedure of Law 13.300/2016.
Explanation: Pursuant to Article 5, LXIX, of the 1988 Federal Constitution and Law No. 12.016/2009, a Mandado de Segurança is the constitutional remedy to protect a clear and certain right (direito líquido e certo) against illegal acts or abuse of power by public authorities, provided documentary proof is pre-constituted and the 120-day statutory deadline is observed. Summary dismissal without administrative due process directly violates Article 5, LV, of CF/88. Because freedom of movement or personal data access are not at stake, neither habeas corpus nor habeas data applies.
2A State Governor enacts a state law that imposes new federal criminal sanctions for environmental offenses committed within state conservation units. The Federal Council of the Brazilian Bar Association (CFOAB) intends to challenge the constitutionality of this enactment before the Federal Supreme Court (STF). What is the appropriate concentrated constitutional review mechanism and jurisdictional standing rule?
A.Ação Declaratória de Constitucionalidade (ADC), because CFOAB must demonstrate controversial federal judicial divergence regarding state legislative authority.
B.Ação Direta de Inconstitucionalidade (ADI), since CFOAB possesses universal procedural standing (legitimado universal) without needing to demonstrate thematic pertinence between the challenged norm and its institutional purposes.
C.Arguição de Descumprimento de Preceito Fundamental (ADPF), given that state environmental statutes can only be contested subsidiarily after exhaustion of ordinary remedies.
D.Recurso Extraordinário com Repercussão Geral, as direct constitutional actions against state legislation cannot be initiated by representative non-governmental councils.
Explanation: Under Article 103, VII, of the 1988 Constitution, the Federal Council of the Brazilian Bar Association (CFOAB) is a universal legitimator (legitimado universal), meaning it has active procedural standing to file an Ação Direta de Inconstitucionalidade (ADI) against federal or state statutory norms without proving thematic pertinence (pertinência temática). Because the state law usurps exclusive federal legislative competence over criminal law (art. 22, I, CF/88), a principal direct action of unconstitutionality (ADI) before the STF is the proper concentrated control vehicle.
3A state legislative assembly passed a state statute regulating consumer protection by requiring commercial establishments to display detailed price breakdown labels on imported electronics. A retail confederation challenged the statute, claiming exclusive federal competence. Under the distribution of legislative powers established in Article 24 of the Brazilian Federal Constitution of 1988, how is competence partitioned in consumer law?
A.Exclusive competence of the Union under Article 22 of CF/88, which prevents state legislatures from supplementing federal consumer legislation under any economic circumstance.
B.Exclusive municipal competence, since local commerce and store labeling fall exclusively within the constitutional definition of local interest.
C.Concurrent competence between Union, States, and Federal District, where the Union sets general rules and States exercise supplementary legislative competence adapted to regional particularities.
D.Delegated federal competence, which requires a specific complementary law (lei complementar) authorized by the National Congress before state enactment.
Explanation: Article 24, V and VIII, of the CF/88 establishes that the Union, States, and the Federal District have concurrent legislative competence over commercial, financial, and consumer law (direito do consumidor). In concurrent competence, the Union is restricted to establishing general rules (§1º), while States exercise supplementary competence (§2º) to adapt or detail regulations to local peculiarities, provided they do not contradict federal general norms.
4The Inter-American Court of Human Rights (IACtHR) issued a binding judgment condemning the Brazilian State for failing to investigate and punish gross human rights violations committed during the military dictatorship, declaring amnesty provisions inapplicable to crimes against humanity. Regarding the domestic reception and the doctrine of conventionality control (controle de convencionalidade) in Brazil, what is the legal effect of this ruling?
A.Inter-American Court decisions have merely moral persuasive authority for domestic courts, allowing national superior courts to maintain domestic statutory amnesty unchanged.
B.Inter-American judgments require prior legislative referendum by the National Congress to acquire domestic enforceability against federal statutory enactments.
C.Inter-American Court judgments are automatically converted into Constitutional Amendments (Emendas Constitucionais) through an administrative resolution of the CNJ.
D.Inter-American rulings require domestic judicial bodies to exercise diffuse conventionality control, prioritizing international human rights treaties over conflicting internal laws.
Explanation: By ratifying the American Convention on Human Rights (Pact of San José) and expressly recognizing the contentious jurisdiction of the Inter-American Court of Human Rights (Decree No. 4.463/2002), Brazil committed to executing its judgments (art. 68.1, CADH). Brazilian judges and tribunals are obligated to perform conventionality control (controle de convencionalidade), ensuring domestic laws conform to human rights treaties, as highlighted in STF jurisprudence (RE 466.343) and CNJ Recommendation No. 123/2022.
5Police officers entered a private residence at 11:00 PM without a judicial search warrant, acting solely on an anonymous tip alleging narcotics trafficking inside the property. They seized two kilograms of cocaine and arrested the resident. According to Article 5, XI, of the Federal Constitution of 1988 and the binding jurisprudence of the STF (Tema 280 da Repercussão Geral), was the entry lawful?
A.No, because warrantless night entry into a home requires previous justified reasons (justa causa) supported by preliminary elements indicating a continuing flagrante delicto inside the dwelling.
B.Yes, because the crime of drug trafficking is permanent in nature, which constitutionally justifies warrantless entry at any hour based on unverified anonymous reports.
C.Yes, provided that the police officers formalize an administrative justification report within twenty-four hours after the completion of the home search.
D.No, because under the Brazilian Constitution, entering a private home at nighttime is strictly prohibited under all circumstances, even in disasters or flagrante delicto.
Explanation: Article 5, XI, of the CF/88 enshrines the inviolability of the home, permitting entry without consent only in cases of flagrante delicto, disaster, rendering assistance, or during daytime by judicial warrant. In Tema 280 (RE 603.616), the STF established that warrantless entry in cases of permanent crimes is only valid if grounded in prior justified reasons (justa causa) demonstrating plausible evidence of ongoing crime. An unverified anonymous tip alone does not satisfy the requirement of pre-existing reasonable grounds.
6A proposed constitutional amendment (PEC) is introduced in the Chamber of Deputies seeking to abolish the direct, secret, universal, and periodic vote for municipal elections, replacing it with indirect election by city councils. According to Article 60 of the Federal Constitution of 1988, how should this proposal be legally evaluated?
A.It can be approved if voted in two rounds in each house of the National Congress by three-fifths of the respective members.
B.It constitutes a material violation of an entrenched clause (cláusula pétrea), making any deliberation on the proposal constitutionally prohibited from the outset.
C.It must be submitted to a compulsory national plebiscite before any legislative committee evaluation within the Federal Senate.
D.It is valid because entrenched voting guarantees apply exclusively to federal presidential and senator elections under Brazilian constitutional doctrine.
Explanation: Article 60, §4º, II, of the CF/88 explicitly establishes that no proposal of constitutional amendment shall be deliberated upon if it is aimed at abolishing the direct, secret, universal, and periodic vote. This voting guarantee is an unamendable entrenched clause (cláusula pétrea) that protects democratic elections at all federative levels (federal, state, and municipal). Consequently, the Mesa of the legislative chamber must refuse its deliberation, and parliamentarians may seek a writ of mandamus to stop proceedings.
7A state first-instance judge openly refuses to apply a binding precedent (Súmula Vinculante) enacted by the STF, alleging judicial independence and philosophical disagreement with the supreme court's interpretation. Which constitutional instrument is directly available to the aggrieved litigant to enforce the authority of the STF's binding precedent?
A.Ação Popular perante o Superior Tribunal de Justiça.
B.Ação Civil Pública por improbidade administrativa do magistrado.
C.Reclamação Constitucional perante o Supremo Tribunal Federal.
D.Mandado de Injunção coletivo no Tribunal de Justiça estadual.
Explanation: Under Article 103-A, §3º, and Article 102, I, 'l', of the CF/88 (regulated by CPC/2015, arts. 988-993), an act of judicial decision or administrative act that violates a Súmula Vinculante or usurps STF authority is directly challengeable via Reclamação Constitucional filed before the STF. If upheld, the STF will annul the judicial decision and order another to be rendered in compliance with the binding precedent.
8The National Congress is evaluating an international treaty on the rights of persons with disabilities. According to Article 5, §3º, of the Brazilian Federal Constitution of 1988 (introduced by EC 45/2004), what specific legislative approval procedure is required for this human rights treaty to be equivalent to a Constitutional Amendment?
A.Simple majority approval in a joint session of the Chamber of Deputies and Federal Senate, followed by immediate presidential decree promulgation under Article 84 of CF/88.
B.Absolute majority approval in one single voting round in each House of the National Congress, followed by review by the Supreme Federal Court.
C.Unanimous approval by the Foreign Relations Commission of the Federal Senate, followed by ministerial ratification at the Organization of American States.
D.Approval in each House of the National Congress, in two separate rounds, by three-fifths of the votes of the respective members of each legislative chamber.
Explanation: Article 5, §3º, of the CF/88 stipulates that international treaties and conventions on human rights approved in each House of the National Congress (Chamber of Deputies and Federal Senate), in two voting rounds, by three-fifths of the members of each house, shall be equivalent to constitutional amendments (emendas constitucionais). Treaties approved without this special qualified procedure possess supralegal status (status supralegal), standing above ordinary legislation but below the Constitution (STF RE 466.343).
9A collective social movement plans a peaceful demonstration along a major public avenue to protest against public transportation fare increases. The municipal authority attempts to ban the march because the organizers did not seek a formal prior administrative authorization permit. Under Article 5, XVI, of the Federal Constitution and STF jurisprudence (Tema 855), is the demonstration constitutionally protected?
A.Yes, because freedom of peaceful assembly without weapons in public spaces requires only prior notification to competent authorities, not prior administrative authorization, and must not frustrate another previously called assembly.
B.No, because public street demonstrations always require prior express authorization and discretionary licensing by municipal traffic authorities to prevent severe urban congestion.
C.No, because protests affecting urban traffic flow can only take place in designated municipal public squares during non-business weekend hours.
D.Yes, provided that the social movement posts a financial surety bond with the municipal treasury to cover potential municipal cleanup expenses.
Explanation: Article 5, XVI, of the CF/88 guarantees that all persons may gather peacefully, without weapons, in places open to the public, without need for authorization, requiring only prior notice to the competent authority so as not to frustrate another assembly previously scheduled for the same location. In Tema 855 (RE 806.339), the STF reinforced that the constitutional requirement of prior notice is fulfilled whenever the public power is made aware of the gathering by any public means, and no administrative authorization can be demanded.
10The President of the Republic enacts a Provisional Measure (Medida Provisória) creating a new criminal offense and imposing prison sentences for price gouging during public health emergencies. Under Article 62, §1º, I, 'b', of the Brazilian Federal Constitution of 1988, how must this normative act be assessed regarding constitutional validity?
A.It is valid because public health emergencies fulfill the constitutional criteria of urgency and relevance required for presidential decree-laws under Article 62 of the Federal Constitution.
B.It is unconstitutional because the Federal Constitution expressly prohibits the issuance of Provisional Measures on matters of criminal and criminal procedural law (art. 62, §1º, I, 'b').
C.It is valid provided that the National Congress converts the provisional measure into statutory law within the maximum period of thirty days.
D.It is unconstitutional solely because criminal statutes require an absolute majority quorum in the Federal Senate prior to presidential promulgation.
Explanation: Article 62, §1º, I, 'b', of the CF/88 (introduced by EC 32/2001) expressly establishes that the issuance of Provisional Measures is strictly prohibited on matters regarding criminal law, criminal procedure, and civil procedure (direito penal, processual penal e processual civil). Regardless of urgency or public emergency, criminal offenses and penalties must be created exclusively through formal statutory legislation enacted by the National Congress.

About the ENADE Direito Exam

The Exame Nacional de Desempenho dos Estudantes (ENADE) for Direito evaluates graduating law students across Brazil on fundamental legal doctrines, the 1988 Federal Constitution, codified legislation (Civil Code, Penal Code, CPC, CPP, CLT, CTN), administrative and business statutes, and binding jurisprudence of the STF and STJ. While the official examination is administered in Portuguese by INEP, this English-language study bank provides 100 rigorous multiple-choice questions modeled on the official ENADE matrix to test legal knowledge, analytical reasoning, and practical statutory application.

Assessment

45 multiple-choice questions (15 Formação Geral + 30 specific Law items spanning Constitutional, Civil, Criminal, Administrative, Tax, Labor, Business Law, and Legal Theory) and 1 specific discursive question.

Time Limit

4 hours

Passing Score

No individual pass/fail score; mandatory graduation requirement for concluding students, graded on a 1–5 concept scale for institutional evaluation.

Exam Fee

No separate fee for enrolled ENADE students (INEP — Instituto Nacional de Estudos e Pesquisas Educacionais Anísio Teixeira / MEC)

ENADE Direito Exam Content Outline

20%

Direito Constitucional e Direitos Humanos

Constitutional principles, fundamental rights and guarantees, constitutional remedies (habeas corpus, mandado de segurança), judicial review (controle concentrado and difuso), separation of powers, and international human rights treaties.

20%

Direito Civil e Processual Civil

Civil Code (CC/2002: legal personality, family law, successions, real rights, obligations, and contracts) and Civil Procedure Code (CPC/2015: fundamental principles, jurisdiction, evidence, provisional remedies, appeals, and enforcement of judgments).

15%

Direito Penal e Processual Penal

Penal Code (CP: theory of crime, typicality, unlawfulness, culpability, concurso de crimes, crimes against life, property, and public administration) and Criminal Procedure Code (CPP: investigations, precautionary custody, evidentiary rules, and appeals).

15%

Direito Administrativo e Tributário

Administrative law (administrative principles, public bids and contracts under Lei 14.133/2021, state liability, administrative acts, and public servants) and Tax law (CTN, taxation principles, tax immunity, tax credits, and collection).

15%

Direito do Trabalho e Empresarial

Labor law (CLT, labor reform, individual and collective labor rights, union law) and Business law (corporate structures, LTDA and S/A, corporate dissolution, bankruptcy and judicial recovery under Lei 11.101/2005, and industrial property).

15%

Teoria, Filosofia e Sociologia do Direito

General legal theory (Kelsen, Hart, Dworkin), legal hermeneutics and interpretation, sociology of law, access to justice, and professional ethics / OAB Statute (Lei 8.906/1994).

How to Pass the ENADE Direito Exam

What You Need to Know

  • Passing score: No individual pass/fail score; mandatory graduation requirement for concluding students, graded on a 1–5 concept scale for institutional evaluation.
  • Assessment: 45 multiple-choice questions (15 Formação Geral + 30 specific Law items spanning Constitutional, Civil, Criminal, Administrative, Tax, Labor, Business Law, and Legal Theory) and 1 specific discursive question.
  • Time limit: 4 hours
  • Exam fee: No separate fee for enrolled ENADE students

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

ENADE Direito Study Tips from Top Performers

1Review key constitutional jurisprudence from the STF (Súmulas Vinculantes and leading ADC/ADI decisions) and STJ repetitive precedents (Recursos Repetitivos).
2Master the core provisions of the Nova Lei de Licitações (Lei 14.133/2021) and the CPC/2015 precedential system (Art. 927).
3Practice connecting substantive legal doctrines (Civil, Criminal, Administrative) with their respective procedural enforcement rules and constitutional foundations.

Frequently Asked Questions

What is the format and duration of the 2026 ENADE Direito exam?

The bachelor examination in Law lasts 4 hours and comprises 45 multiple-choice questions (15 Formação Geral items plus 30 specific Law items) and 1 specific discursive question evaluated by INEP.

Is ENADE mandatory for graduating Brazilian law students?

Yes. ENADE is a mandatory curricular component under Brazilian federal law (Lei 10.861/2004). Regular attendance/completion is required to graduate and receive the bachelor's degree diploma.

Is this practice question bank an official INEP product?

No. This question bank is an English-language study adaptation designed to prepare law students and international comparative law scholars for the core legal concepts, statutory frameworks, and STF/STJ jurisprudence assessed on ENADE Direito.