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Sample Procurador Federal AGU Practice Questions
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1Under Article 37, XIX, of the Brazilian Federal Constitution of 1988 (CF/88), how are federal autarchies (autarquias federais) legally created, and what defines their legal regime within the indirect public administration?
A.They are authorized by general legislative decree and acquire legal personality solely upon registration of their constitutive bylaws with the civil registry.
B.They are directly created by specific ordinary federal law, possessing public law legal personality and administrative and financial autonomy to execute typical public activities.
C.They are created by presidential executive decree under delegated legislative authority and operate under private law rules with state supervision.
D.They are established by joint administrative ordinance of supervising ministries and acquire autonomous judicial standing only after PGF homologation.
Explanation: According to Article 37, XIX of the 1988 Federal Constitution, autarchies are directly created by specific law (criadas por lei específica), unlike public foundations, public companies, and mixed-capital corporations whose creation is merely authorized by law. As entities of public law (personalidade jurídica de direito público), federal autarchies possess administrative and financial autonomy and perform decentralized activities typical of the Public Administration.
2Pursuant to the 1988 Federal Constitution (Art. 131) and Federal Law No. 10.480/2002, which institutional body is constitutionally and legally responsible for the judicial representation and extrajudicial legal consulting of federal autarchies and federal public foundations?
A.The Federal Public Defender's Office (Defensoria Pública da União — DPU).
B.The Federal Prosecution Service (Ministério Público Federal — MPF).
C.The Federal Attorney-General's Office (Procuradoria-Geral Federal — PGF), an essential organ integrated into the Advocacia-Geral da União (AGU).
D.The National Treasury Attorney-General's Office (Procuradoria-Geral da Fazenda Nacional — PGFN), exclusively.
Explanation: Under Federal Law No. 10.480/2002 and the constitutional framework of Article 131 of CF/88, the Procuradoria-Geral Federal (PGF), an organ linked to the Advocacia-Geral da União (AGU), is responsible for representing federal autarchies and public foundations judicially and extrajudicially, as well as providing them with legal counseling and consulting activities.
3A municipality attempts to levy Municipal Property Tax (IPTU) on real estate owned by the National Institute of Social Security (INSS) and the National Institute for Colonization and Agrarian Reform (INCRA). Under Article 150, VI, 'a' and § 2º of the Federal Constitution, how does reciprocal tax immunity apply to federal autarchies?
A.Tax immunity is restricted strictly to the Direct Administration of the Union, making autarchies fully liable for municipal property taxes.
B.Reciprocal tax immunity extends to autarchies and public foundations created and maintained by the Public Power, provided the assets, income, and services are linked to their essential purposes or resulting therefrom.
C.Autarchies enjoy unconditional absolute tax immunity covering all commercial transactions, real estate holdings, and private competitive ventures without limitation.
D.Municipalities may tax autarchy assets whenever municipal infrastructure works enhance the market value of the federal land.
Explanation: Article 150, § 2º of CF/88 expressly extends reciprocal tax immunity (Art. 150, VI, 'a') to autarchies and public foundations established and maintained by the Public Power regarding their assets, income, and services linked to their essential statutory purposes or arising directly from them. As affirmed in STF jurisprudence, INSS and INCRA properties dedicated to public services are constitutionally immune from IPTU.
4Under Article 109, I, of the 1988 Federal Constitution, which judicial forum has absolute subject-matter jurisdiction to hear and judge civil lawsuits in which a federal autarchy (e.g., IBAMA or ANATEL) is an author, defendant, assistant, or opposing party?
A.Federal Courts (Justiça Federal de Primeira Instância), except in cases of bankruptcy, workplace accidents, and matters subject to Electoral and Labor Courts.
B.State Civil Courts (Justiça Estadual Comum), whenever the regional delegacy of the autarchy is located inside the interior of a State.
C.Federal Regional Courts (TRF) in original competence for all first-instance disputes involving federal regulatory agencies.
D.The Superior Court of Justice (STJ) in first instance whenever the challenged autarchic act was signed by an agency director.
Explanation: Article 109, I of CF/88 establishes that Federal Federal Judges (Justiça Federal de primeiro grau) have jurisdiction over causes in which the Union, federal autarchies, or federal public companies are interested as plaintiffs, defendants, assistants, or opponents, except for bankruptcy, workplace accidents, and matters subject to Electoral and Labor Court jurisdictions.
5A federal law is enacted creating a new non-contributory social security indemnity for a specific category of workers, but the statute fails to designate any corresponding source of revenue or budgetary funding. Which constitutional principle of Social Security under Article 195, § 5º, of CF/88 is violated?
A.Principle of nominal irrevocability of administrative benefits.
B.Principle of prior budgetary source (Regra da Contrapartida / Preexistência do Custeio).
C.Principle of automatic decentralization of administrative management.
D.Principle of geographic uniformity of social assistance coverage.
Explanation: Under Article 195, § 5º of CF/88 (known as the 'regra da contrapartida' or principle of prior budgetary source), no social security benefit or service may be created, expanded, or extended without the corresponding source of total funding (fonte de custeio total). The STF consistently strikes down or suspends benefits created without explicit financial provisioning.
6In defending the National Health Surveillance Agency (ANVISA) and the Ministry of Health against judicial requests for unapproved high-cost experimental drugs, Federal Attorneys frequently invoke the 'Reserve of the Possible' (reserva do possível). According to the jurisprudence of the Brazilian Federal Supreme Court (STF, Tema 6 and Tema 500), how is this doctrine balanced against the 'Existential Minimum' (mínimo existencial)?
A.The State must always supply any demanded medical treatment regardless of scientific evidence, budgetary feasibility, or sanitary registration.
B.The reserve of the possible cannot be raised as a generic fiscal defense when fundamental health and human dignity are at stake, but the judiciary may only compel the supply of non-registered medications under exceptional, scientifically proven conditions (ANVISA registration, clinical evidence, absence of therapeutic alternatives, and incapacity to pay).
C.The reserve of the possible operates as an absolute budgetary shield prohibiting any judicial intervention in public healthcare policies under any circumstances.
D.State-funded healthcare is strictly limited to medicines manufactured by Brazilian federal public laboratories.
Explanation: In STF Tema 500 (RE 657.718) and Tema 6, the Supreme Court established that while the Public Power cannot invoke the reserve of the possible in an arbitrary or generic manner to violate the existential minimum, the State is not obliged to provide experimental drugs without ANVISA registration, except in strict cumulative criteria (unreasonable delay in registration, approval by renowned foreign agencies, clinical necessity, and financial incapacity).
7Regarding the constitutional regime of public servants working in federal autarchies and public foundations under Article 41 of CF/88, what are the requirements for an appointed civil servant to acquire administrative tenure (estabilidade)?
A.Completion of 2 years of effective service and automatic ministerial confirmation without evaluation.
B.Completion of 3 years of effective service after passing a public competition (concurso público) and mandatory approval in a special performance appraisal (avaliação especial de desempenho).
C.Passing a 1-year probationary period and obtaining a postgraduate degree in public administration.
D.Continuous employment for 5 years under temporary public law contracts (contrato temporário).
Explanation: Under Article 41 of CF/88 (as amended by EC 19/1998), servants appointed to permanent positions by public tender acquire tenure after 3 years of actual service (três anos de efetivo exercício), conditioned on mandatory approval in a special performance evaluation conducted by an appraisal committee.
8Article 225, § 1º, IV, of the Federal Constitution imposes on the Public Power the obligation to demand an Environmental Impact Assessment (EIA/RIMA) for installation of works or activities potentially causing significant environmental degradation. According to STF settled jurisprudence, can a federal or state law dispense with an EIA/RIMA for activities recognized as having high environmental risk?
A.Yes, because legislative statutes hold hierarchical supremacy over constitutional environmental guidelines.
B.Yes, provided the enterprise pays an advance environmental compensatory fee directly to federal regulatory agencies.
C.No, because the EIA/RIMA is a non-waivable constitutional guarantee that cannot be suppressed or replaced by simpler administrative licenses when significant environmental degradation is possible.
D.No, unless the President of the Republic signs an urgent executive decree waiving environmental studies during economic emergencies.
Explanation: The STF (e.g., ADI 1086, ADI 5475) has repeatedly affirmed that demanding an Environmental Impact Assessment (EIA) for activities capable of causing significant environmental degradation is an unalterable constitutional duty under Art. 225, § 1º, IV of CF/88. Statutes attempting to eliminate EIA/RIMA for intrinsically harmful activities are unconstitutional.
9In the Brazilian administrative law doctrine and STF jurisprudence regarding regulatory agencies (e.g., ANATEL, ANEEL, ANP), what is the concept of 'deslegalização' (regulatory delegation) and its constitutional limits?
A.It represents the total transfer of primary legislative power from the National Congress to the agency, allowing the agency to create new crimes and statutory tax obligations.
B.It is the statutory phenomenon whereby the legislative branch establishes basic standards and policy goals in formal law, delegating technical norm-setting and sector-specific regulation to specialized regulatory autarchies within statutory boundaries.
C.It is the complete abolition of all administrative regulations in favor of unregulated private market competition.
D.It constitutes an unconstitutional usurpation of the President's exclusive power to issue regulatory decrees under Art. 84, IV of CF/88.
Explanation: Deslegalização (or regulatory degradation/delegation) occurs when formal law establishes standards, goals, and technical parameters, lowering the normative level to allow technical regulatory autarchies to issue secondary, specialized regulations. The STF (e.g., ADI 1668, ADI 4874) recognizes this regulatory power as constitutional, provided it does not innovate in the primary legal order or violate the principle of legality.
10In an Abstract Direct Action of Unconstitutionality (Ação Direta de Inconstitucionalidade — ADI) before the STF challenging a federal statute that regulates federal autarchies, what is the constitutional role of the Attorney-General of the Union (Advogado-Geral da União — AGU) under Article 103, § 3º, of CF/88?
A.The AGU acts as an impartial judicial referee who issues non-binding verdicts before the reporting justice votes.
B.The AGU must be summoned to defend the challenged legal norm or administrative act (curador da presunção de constitucionalidade), except when the STF has already established settled jurisprudence declaring the thesis unconstitutional.
C.The AGU is prohibited from participating in direct actions of unconstitutionality, which are exclusively argued by the Procurador-Geral da República.
D.The AGU represents only private third parties admitted as amicus curiae in constitutional proceedings.
Explanation: Under Article 103, § 3º of CF/88, whenever the STF examines the unconstitutionality of a legal norm, the Advogado-Geral da União must be previously cited to defend the impugned act. The STF admits an exception (e.g., ADI 1616, Questão de Ordem) where the AGU is not required to defend a thesis that the STF has already consolidated as unconstitutional.
About the Procurador Federal AGU Exam
The Concurso Público para Procurador Federal is the national legal appointment process organized by the PGF and AGU under Lei nº 10.480/2002 to represent and advise federal autarchies and public foundations (INSS, IBAMA, INCRA, regulatory agencies). Procuradores Federais defend public policies, social security programs, environmental assets, and regulatory integrity.
Assessment
Six phases: prova objetiva (100 five-option MCQs, 5 hours, worth 100 points — Grupo I 56, Grupo II 30, Grupo III 14); three discursive papers (parecer, peça judicial, dissertação, each with three questions); 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 (Procuradoria-Geral Federal (PGF) / AGU / Cebraspe)
Procurador Federal AGU Exam Content Outline
45%
Grupo I: Constitucional, Administrativo, Financeiro e Econômico, Tributário, Seguridade Social e Ambiental
Autarchy legal regime, regulatory agency powers, public bidding (Lei 14.133/2021), improbity (Lei 14.230/2021), and Fazenda Pública procedure.
25%
Grupo II: Direito Civil, Processual Civil, Empresarial e Internacional Público
RGPS benefits, disability pensions, BPC/LOAS, and judicial defense of the INSS.
30%
Grupo III (14 questões): Direito Penal e Processual Penal, do Trabalho e Processual do Trabalho, Agrário e Legislação sobre Educação e Ciência, Tecnologia e Inovação
Federal environmental licensing (IBAMA), agrarian reform (INCRA), economic regulation, and public international law.
How to Pass the Procurador Federal 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 56, Grupo II 30, Grupo III 14); three discursive papers (parecer, peça judicial, dissertação, each with three questions); 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 a Procurador Federal?
A Procurador Federal represents and provides legal counseling to all federal autarchies and public foundations, including the INSS, IBAMA, INCRA, FUNAI, and federal regulatory agencies.
What is the passing score for the Procurador Federal objective exam?
There is no single overall cut. Item 8.13.4 of Edital nº 1 – Procurador Federal/2022 requires at least 50% of the points in each of the three discipline groups (Grupo I with 56 questions, Grupo II with 30, Grupo III with 14). Scoring below 50% in any one group eliminates the candidate regardless of the total.
What forensic practice requirement applies to the Procurador Federal exam?
Candidates must possess an active OAB registration and have completed at least 2 years of verified forensic legal practice (prática forense) prior to registration.