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Sample OAB 1ª Fase Practice Questions
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1Carlos, an active attorney duly registered with the Brazilian Bar Association (OAB), is appointed and takes office as a titular Chief of Civil Police (Delegado de Polícia Civil). Desiring to maintain his private law office to handle civil and family law disputes exclusively during his off-duty hours, Carlos consults you regarding the legality of this arrangement under the Advocacy Statute (Lei 8.906/1994). Under Brazilian legal ethics rules, how should Carlos be advised?
A.He may practice private civil and family law provided there is no conflict of interest or involvement with criminal matters
B.He is subject to a total incompatibility (incompatibilidade total) with the practice of law, requiring the automatic licensing or cancellation of his bar registration
C.He is merely subject to an impediment (impedimento), preventing him from litigating against the Public Administration that pays his salary
D.He may practice law provided he obtains prior authorization from the General Internal Affairs Office of the Civil Police and the OAB Sectional Council
Explanation: Under Article 28, item IV, of Law 8.906/1994 (Estatuto da Advocacia e da OAB), practicing the legal profession is totally incompatible with holding positions or functions linked directly or indirectly to police activities of any nature. Incompatibility generates a total prohibition against practicing law, leading to the temporary licensing or definitive cancellation of the professional registration pursuant to Articles 11 and 12 of the Statute.
2A federal judge orders a judicial search and seizure warrant (mandado de busca e apreensão) targeting the law office of attorney Mariana because one of her corporate clients is under criminal investigation for money laundering. Mariana herself is not suspected of any illicit conduct or criminal co-authorship. According to the Statute of Advocacy (Lei 8.906/1994), what are the legal requirements and limits of this measure?
A.The warrant is illegal because the search and seizure at an attorney's office is strictly prohibited by law when the attorney is not formally investigated as a co-author or accomplice
B.The search may be conducted freely by the Federal Police, provided Mariana is given forty-eight hours' advance written notice
C.The search may seize all physical and digital files belonging to any of Mariana's clients to ensure comprehensive evidence gathering
D.The search is valid only if conducted directly by the investigating magistrate in person, dispensing with the presence of an OAB representative
Explanation: Pursuant to Article 7, item II and paragraph 6, of Law 8.906/1994 (as reinforced by Law 14.365/2022), the inviolability of an attorney's office, files, documents, and communications is protected by law; search and seizure is only lawful when there are concrete indications of the attorney's own criminal co-authorship or participation in the illicit act, and even then, it requires a reasoned court order, the mandatory presence of an OAB representative, and strict limitation to the targeted evidence.
3Attorney Lucas launches an aggressive advertising campaign on social media and regional radio stations. He publishes posts promising 'guaranteed 100% success in social security revisions' and distributes promotional flyers offering free initial consultations with 50% discounts on legal fees. Under the OAB Code of Ethics and Discipline (CED) and CFOAB Provimento 205/2021, how should Lucas's conduct be classified?
A.Lawful, because the Brazilian Constitution guarantees free enterprise and full commercial freedom of advertising for liberal professions
B.Lawful regarding radio broadcasts, but illicit regarding the distribution of discount flyers and promotional discounts
C.Ethically illicit, because legal advertising must maintain an informative nature, sobriety, and discretion, expressly prohibiting the mercantilization of the profession, promises of results, and price captation
D.Ethically illicit only because he did not register the promotional campaign in advance with the OAB Ethics and Discipline Court (TED)
Explanation: Under Articles 39 through 47 of the Code of Ethics and Discipline (CED) and CFOAB Provimento 205/2021, professional publicity by lawyers must be purely informative, discreet, and moderate. Mercantilization of the profession, distribution of flyers in public places, promising guaranteed results, advertising on radio/television, and using predatory fee discounting to attract clients constitute disciplinary infractions under Article 34 of Law 8.906/1994.
4Juliana represents a claimant in an employment indemnification lawsuit on a contingency fee basis (*pacto quota litis*). After winning the case and securing R$ 100,000 in net compensation for her client, plus R$ 15,000 in court-awarded succumbent fees (*honorários sucumbenciais*), Juliana intends to deduct R$ 60,000 as her contractual fee, retaining a total of R$ 75,000. Under the Code of Ethics and Discipline (CED), is Juliana's fee retention valid?
A.Valid, because contractual autonomy allows the lawyer and client to freely stipulate any percentage of remuneration without statutory limits
B.Invalid, because the combined total of contractual contingency fees and succumbent fees received by the lawyer cannot exceed the net economic advantage obtained by the client
C.Valid, provided the client confirms the deduction in writing after the financial liquidation of the judicial award
D.Invalid, because the *quota litis* clause is entirely prohibited in Brazilian labor and civil litigation
Explanation: Article 50 of the OAB Code of Ethics and Discipline establishes that in *quota litis* agreements, the fees contracted plus any court-awarded succumbent fees cannot, under any circumstances, exceed the net economic advantage received by the client (o proveito econômico líquido auferido pelo constituinte). Retaining R$ 75,000 while leaving only R$ 40,000 to the client breaches this ethical ceiling.
5Attorney Fernando goes to a state maximum-security penitentiary to interview his client, who is held in preventive detention. The prison director denies Fernando private contact, claiming that under internal administrative regulations, defense counsel may only converse through a monitored glass partition with audio recording enabled. Under the Statute of Advocacy (Lei 8.906/1994), how should this situation be resolved?
A.The director's decision is lawful because penitentiary security protocols prevail over general professional prerogatives
B.Fernando has the statutory prerogative to communicate with his incarcerated client personally and reservedly, even without a power of attorney, and any interception or surveillance without judicial authorization is illicit
C.Fernando may only communicate reservedly if he presents a signed power of attorney (*procuração*) containing express special powers for prison visits
D.Fernando has the right to private communication only if accompanied by an official representative of the Human Rights Commission of the OAB
Explanation: Under Article 7, item III, of Law 8.906/1994, it is an express prerogative of the attorney to communicate with his clients, whether incarcerated or detained, personally and reservedly (pessoal e reservadamente), even without a power of attorney, when they are held in civil or military prisons or custody establishments. Internal penitentiary rules cannot suppress this federal statutory guarantee.
6Advocate Roberto is formally hired by both the creditor and the debtor in a complex debt restructuring transaction. During negotiations, irreconcilable conflicts of interest arise between the parties. Under the OAB Code of Ethics and Discipline, what is the mandatory ethical procedure for Roberto?
A.He may continue representing both parties provided they sign a joint waiver of conflict of interest
B.He must opt for one of the clients, resigning the mandate of the other, and must maintain strict professional secrecy regarding all confidential information acquired
C.He must automatically file a judicial interpleader action (*consignação em pagamento*) and represent neither
D.He must transfer both cases to a single partner in his law firm to continue joint representation
Explanation: Under Article 20 of the OAB Code of Ethics and Discipline (CED), when a supervening conflict of interest arises between constituents represented by the same lawyer or law firm, and an amicable settlement cannot be achieved, the lawyer must choose to maintain representation of one of the mandates while promptly renouncing the other, continuing to observe strict confidentiality regarding all privileged secrets learned.
7An attorney is found guilty by the OAB Ethics and Discipline Tribunal (TED) of having unlawfully retained and appropriated funds belonging to a client (*locupletamento ilícito*). According to Law 8.906/1994, which disciplinary sanction is applicable, and what condition governs the duration of that sanction?
A.Censure (*censura*), converted into a warning recorded in his confidential file
B.Exclusion (*exclusão*), with immediate and permanent prohibition from ever re-entering the legal profession
C.Suspension (*suspensão*), which must endure until the attorney completely satisfies the debt and fully reimburses the client
D.A disciplinary fine (*multa*) corresponding to ten times the annual OAB membership fee, without suspension of professional practice
Explanation: Pursuant to Article 37, item I and paragraph 2, of Law 8.906/1994, unlawful enrichment or appropriation of client funds (locupletamento à custa do cliente, Art. 34, XX) is punished with suspension from practicing law. The suspension remains in force until the professional fully reimburses the victim for the appropriated amounts (perdura até a efetiva e integral satisfação da dívida).
8Three attorneys decide to establish a law firm. They intend to adopt a catchy trade name (*nome fantasia*) called 'Águia de Ouro Assessoria Jurídica', admit a non-lawyer accountant as an administrative partner holding 10% of the social capital, and register their articles of incorporation at the State Commercial Registry (Junta Comercial). According to Law 8.906/1994, which assessment is correct?
A.The constitution of the firm is entirely invalid because law firms cannot adopt trade names, cannot admit non-lawyer partners, and must register their articles of incorporation exclusively with the competent OAB Sectional Council
B.The firm is valid provided the non-lawyer partner does not practice courtroom litigation
C.The firm is valid because the Economic Freedom Law (Lei 13.874/2019) allows multi-disciplinary professional partnerships
D.The firm is invalid solely because registration must be completed at the Civil Registry of Legal Entities (*Cartório de Registro Civil de Pessoas Jurídicas*)
Explanation: Under Article 15 and Article 16 of Law 8.906/1994, law firms (*sociedades de advogados*) acquire legal personality exclusively by registering their constitutive acts with the OAB Sectional Council (never at the Junta Comercial or Cartório). Furthermore, the corporate name cannot contain any fantasy/trade designation (must contain the name of at least one partner lawyer) and cannot associate with non-lawyers or engage in commercial activities.
9Advocate Beatriz gives birth to her first child. She is the sole counsel representing a company in a civil lawsuit where a mandatory 15-day deadline to file an appeal (*apelação*) is currently running. Under the Statute of Advocacy (Lei 8.906/1994, as amended by the Julia Matos Law - Lei 13.363/2016), what procedural right does Beatriz enjoy?
A.Beatriz must mandatory transfer the case to a substitute lawyer via substabelecimento without reservation of powers
B.Procedural deadlines are suspended for thirty days starting from the date of childbirth, provided she is the sole attorney for the party and gives written notice to the court accompanied by proof of birth
C.The deadline is extended by only five business days, provided the opposing counsel consents in writing
D.Deadlines in civil procedure cannot be suspended on personal grounds, requiring Beatriz to file a request for justifiable absence (*justo impedimento*)
Explanation: Under Article 7-A, item IV and paragraph 3, of Law 8.906/1994 (introduced by Lei 13.363/2016) and Article 313, item IX, of the Code of Civil Procedure (CPC), a female attorney who gives birth or adopts has the right to the suspension of procedural deadlines for 30 (thirty) days, provided she is the sole legal patron of the cause and formally notifies the court.
10Attorney Rodrigo decides to renounce the power of attorney granted by his client in a pending civil lawsuit. He serves formal written notification of the renunciation upon the client and files proof of this communication in the court record. According to the Statute of Advocacy (Lei 8.906/1994) and the CPC, for how long must Rodrigo continue to represent the client following notification?
A.He is relieved of all procedural obligations immediately upon filing the renunciation in court
B.For 10 (ten) days following the notification, unless a new attorney is constituted before the expiration of that period
C.For 15 (fifteen) business days, corresponding to the general appeal deadline
D.Until the final and unappealable judgment (*trânsito em julgado*) of the lawsuit
Explanation: Pursuant to Article 5, paragraph 3, of Law 8.906/1994 and Article 112, paragraph 1, of the CPC/2015, an attorney who renounces the mandate must continue to represent the constituent during the 10 (ten) days following the notification of the renunciation, unless a new attorney is substituted before the end of that period, to avoid procedural harm to the client.
About the OAB 1ª Fase Exam
The OAB 1ª Fase (Exame de Ordem Unificado) is the mandatory nationwide preliminary qualifying examination administered by the CFOAB and FGV for all law graduates seeking admission to the Brazilian Bar. The examination tests knowledge across 20 legal subject areas, with heavy weight placed on Professional Ethics and the Estatuto da Advocacia.
Assessment
Single 5-hour session containing 80 objective multiple-choice questions covering 20 legal disciplines. No negative marking.
Time Limit
5 hours (300 minutes)
Passing Score
50% (40 correct answers out of 80)
Exam Fee
R$ 350,00 (Conselho Federal da OAB (CFOAB) / FGV Conhecimento)
OAB 1ª Fase Exam Content Outline
10%
Ética Profissional e Estatuto da Advocacia
Lei nº 8.906/1994, Código de Ética e Disciplina da OAB, Regulamento Geral, lawyer rights and immunities, disciplinary infractions, and legal fees.
20%
Direito Constitucional, Administrativo e Tributário
Constitutional principles, judicial review, public contracts (Lei 14.133/2021), administrative improbity (Lei 14.230/2021), and tax principles.
16%
Direito Civil e Processual Civil
Civil Code rules on contracts, torts, family, successions, civil procedure, urgent injunctions, appeals, and enforcement.
16%
Direito Penal e Processual Penal
Criminal liability, offenses, criminal procedure, police investigation, evidence, pre-trial detention, and remedies.
12%
Direito do Trabalho e Processual do Trabalho
CLT employment rules, working hours, termination, labor claims, labor evidence, and labor appeals.
26%
Direito Empresarial, Direitos Humanos e Disciplinas Complementares
Corporate law, bankruptcy (Lei 11.101/2005), human rights, international law, environmental law, consumer protection, ECA, philosophy, and financial law.
How to Pass the OAB 1ª Fase Exam
What You Need to Know
- Passing score: 50% (40 correct answers out of 80)
- Assessment: Single 5-hour session containing 80 objective multiple-choice questions covering 20 legal disciplines. No negative marking.
- Time limit: 5 hours (300 minutes)
- Exam fee: R$ 350,00
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 passing score for the OAB 1ª Fase?
Candidates must achieve at least 50% of the total score, which corresponds to exactly 40 correct answers out of the 80 multiple-choice questions.
How many questions are there in the real OAB 1ª Fase exam?
The real exam contains 80 objective multiple-choice questions with 4 alternatives each, administered over a single 5-hour session.
What is the reaproveitamento (repescagem) rule?
Candidates who pass the 1ª Fase but fail the 2ª Fase can re-sit the 2ª Fase in the immediately following examination edition without needing to retake the 1ª Fase.