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1Under the 1988 Constitution of the Federative Republic of Brazil (CF/88) and Supplementary Law No. 75/1993 (Lei Orgânica do MPU), what institutional status and constitutional guarantees are conferred upon the Federal Prosecution Service (Ministério Público Federal - MPF)?
A.The MPF operates as an autonomous executive agency subordinated directly to the Ministry of Justice, subject to legislative decree for budgetary modifications.
B.The MPF is a permanent institution essential to the jurisdictional function of the State, endowed with functional, administrative, and financial autonomy, not subordinated to any of the three branches of government.
C.The MPF belongs structurally to the Judicial Branch, and its members hold equal career status and administrative subordination to the Federal Regional Courts.
D.The MPF is an auxiliary organ of the National Congress whose budgetary proposals must be integrated into and approved directly by the Chamber of Deputies.
Explanation: According to Article 127 of the 1988 Federal Constitution and Article 3 of Complementary Law No. 75/1993, the Ministério Público is a permanent institution essential to the jurisdictional function of the State, defending the democratic regime, the legal order, and inalienable social and individual interests. It possesses full functional, administrative, and budgetary autonomy, standing outside the tripartite separation of powers as an independent organ.
2Regarding the concentrated control of constitutionality before the Supreme Federal Court (STF), what is the constitutional role and standing of the Prosecutor-General of the Republic (Procurador-Geral da República - PGR) under Article 103 of CF/88?
A.The PGR is a universal legitimate party (legitimado universal) entitled to file Direct Actions of Unconstitutionality (ADI), and must be previously heard in all direct actions before the STF.
B.The PGR can only initiate ADIs if the challenged statute directly impacts federal prosecution budgets or career rights.
C.The PGR serves exclusively as a judicial mediator and cannot challenge federal legislation enacted with presidential approval.
D.The PGR requires prior authorization from the Federal Senate before filing an Action of Declaratory Constitutionality (ADC).
Explanation: Under Article 103, item VI and §1 of CF/88, the Prosecutor-General of the Republic is a universal active legitimated party (legitimado universal), exempt from demonstrating thematic pertinence to file ADI, ADC, ADO, or ADPF. Furthermore, the PGR must be mandatorily heard (ouvido previamente) in all constitutional actions adjudicated by the STF.
3In the Brazilian system of diffuse constitutional review (controle difuso), what is the legal effect of the suspension of execution of an unconstitutional statute by the Federal Senate under Article 52, X of the Federal Constitution?
A.It retroactively revokes the statute *ex tunc*, eliminating all previously acquired rights under administrative contracts.
B.It expands the *inter partes* effects of a definitive STF ruling to *erga omnes* with prospective (*ex nunc*) effects, unless the Senate explicitly specifies otherwise.
C.It transforms the original judicial decision into a binding penal code provision enforceable by federal police.
D.It requires a mandatory joint referendum by both legislative houses before taking effect.
Explanation: Under Article 52, X of CF/88, the Federal Senate has the competence to suspend the execution, in whole or in part, of a law declared definitively unconstitutional by the STF in diffuse control. This political act extends the *inter partes* effect of the judicial ruling to *erga omnes*, operating with prospective (*ex nunc*) effects unless stated otherwise by the Senate.
4Under what specific constitutional hypothesis is Federal Intervention in a State or the Federal District initiated exclusively upon a representation filed by the Prosecutor-General of the Republic (PGR) before the Supreme Federal Court?
A.To guarantee the free exercise of any of the Powers in the federated units.
B.To ensure compliance with the constitutional sensitive principles (princípios constitucionais sensíveis) under Article 34, VII of CF/88 or enforce federal law.
C.To maintain public order during local electoral campaigns.
D.To reorganize state finances when a state delays debt payments for consecutive semesters.
Explanation: Pursuant to Article 36, III of CF/88, federal intervention to ensure the observance of sensitive constitutional principles (Art. 34, VII) or to enforce federal law depends on the STF granting a direct representation for intervention (Ação Direta Interventiva - ADI Interventiva) proposed exclusively by the Procurador-Geral da República.
5In contemporary constitutional jurisprudence concerning social fundamental rights, how does the STF reconcile the state's claim of the 'reserve of the possible' (reserva do possível) with the 'existential minimum' (mínimo existencial)?
A.The reserve of the possible is an absolute barrier that prevents judicial scrutiny of all executive budgetary allocations.
B.The existential minimum constitutes an intangible core of fundamental human dignity that the State cannot suppress by pleading budgetary constraints, unless it demonstrates actual insurmountable financial impossibility.
C.The judiciary cannot enforce any individual healthcare provision if the medication is not included in the municipal standard formulary.
D.The reserve of the possible allows the State to eliminate social assistance expenditures during economic recessions at will.
Explanation: The STF (e.g., in ADPF 45 and RE 592.581) established that the 'reserva do possível' cannot be invoked as an abstract shield against the fulfillment of the 'mínimo existencial'. The core elements guaranteeing human dignity (such as basic healthcare, basic education, and essential subsistence) must be provided by the State unless objective, insurmountable fiscal impossibility is proven.
6Regarding the division of legislative competences in the Brazilian Federation, which subject matter falls under the CONCURRENT legislative competence of the Union, States, and the Federal District (Article 24 of CF/88)?
A.Civil, commercial, criminal, procedural, and labor law.
B.Tax, financial, penitentiary, economic, and urban planning law.
C.Foreign trade, exchange operations, and telecommunications.
D.National defense, currency issuance, and maritime navigation.
Explanation: Article 24, I of CF/88 provides that the Union, States, and Federal District have concurrent legislative competence over tax, financial, penitentiary, economic, and urban law (direito tributário, financeiro, penitenciário, econômico e urbanístico). The Union is limited to establishing general rules, while States exercise supplementary competence.
7In constitutional hermeneutics, what does Konrad Hesse's principle of 'normative force of the Constitution' (força normativa da Constituição) signify for constitutional interpretation?
A.The Constitution is merely a political manifesto whose provisions depend entirely on economic circumstances without binding normative force.
B.Constitutional norms possess autonomous legal force capable of shaping and transforming social reality, provided interpreters possess the 'will to Constitution' (wille zur Verfassung).
C.The constitutional text must be subordinate to customary sociological practices as described by Ferdinand Lassalle.
D.Constitutional provisions cannot be directly applied by trial judges without prior statutory regulation.
Explanation: In response to Ferdinand Lassalle's sociological conception (Constitution as mere 'sheet of paper'), Konrad Hesse formulated the doctrine of the normative force of the Constitution. Hesse argued that the legal constitution has an inherent ordering and binding power that can actively condition and transform reality when supported by an institutional commitment ('wille zur Verfassung').
8During the decree and execution of a State of Siege (Estado de Sítio) under Articles 137 to 139 of the Federal Constitution, which restriction on individual fundamental rights is constitutionally permissible?
A.Immediate dissolution of the National Congress and the Supreme Federal Court.
B.Obligation to remain in a determined locality, detention in buildings not intended for common criminals, and suspension of freedom of assembly.
C.Summary extrajudicial executions of political agitators without trial.
D.Permanent expropriation of all foreign-owned private enterprises without compensation.
Explanation: Under Article 139 of CF/88, during a State of Siege decreed under Art. 137, I, the measures taken against persons are strictly limited to: obligation to remain in a determined locality; detention in buildings not used for common prisoners; restrictions on inviolability of correspondence and communications; suspension of freedom of assembly; search and seizure; and intervention in public utility companies.
9Which of the following matters constitutes an unamendable constitutional entrenchment clause (cláusula pétrea) under Article 60, §4 of the 1988 Federal Constitution, prohibiting any proposed constitutional amendment tending to abolish it?
A.The monopoly of the Federal Union over the exploration and refining of petroleum.
B.The federative form of State, direct, secret, universal, and periodic vote, separation of powers, and individual rights and guarantees.
C.The bicameral structure of the National Congress and the compulsory voting age.
D.The retirement pension age and minimum contribution requirements for civil servants.
Explanation: Article 60, §4 of CF/88 explicitly enumerates four intangible limits (cláusulas pétreas): I - the federative form of State; II - direct, secret, universal and periodic voting; III - the separation of powers; and IV - individual rights and guarantees. No amendment proposal tending to abolish these may even be deliberated upon.
10According to Article 231 of the 1988 Constitution and the historical STF jurisprudence regarding indigenous territorial rights (e.g., Pet 3.388 Raposa Serra do Sol and RE 1.017.365 Tema 1031), what is the legal nature of indigenous rights over their traditionally occupied lands?
A.They are temporary concession rights granted at the discretion of the Union and revocable by presidential decree.
B.They are original rights (direitos originários), predating the creation of the Brazilian State itself, granting indigenous peoples permanent possession and exclusive usufruct of the lands they traditionally occupy.
C.They represent full civil private property, permitting indigenous communities to sell or mortgage the land to private agribusiness companies.
D.They are subject to an absolute time frame (marco temporal) requiring physical presence on October 5, 1988, regardless of forced displacement or ongoing conflict.
Explanation: Under Article 231 of CF/88 and the landmark STF ruling in RE 1.017.365 (Tema 1031), indigenous rights over their lands are 'direitos originários' (immemorial/congenital rights) recognized rather than created by the Constitution. Indigenous communities have permanent possession and exclusive usufruct of the soil and water bodies, while the Union holds sovereign bare ownership (domínio eminente). The STF rejected the restrictive marco temporal thesis.
About the Procurador da República MPF Exam
The Concurso Público para Procurador da República is the elite federal prosecutorial appointment competition organized by the MPF under Lei Complementar nº 75/1993 to select federal prosecutors across Brazil. Prosecutors defend constitutional order, federal public assets, human rights, indigenous communities, environmental heritage, and prosecute federal crimes.
Assessment
Four stages: prova objetiva (120 questions, 5 hours, one correct answer deducted for every four wrong answers, top 300 advance); provas subjetivas over three consecutive days of four hours each, grouped as Grupo I (Constitucional, Administrativo e Ambiental), Grupo II (Civil e Processual Civil) and Grupo III (Penal e Processual Penal), each day requiring one legal instrument plus up to four discursive questions; prova oral before the Comissão de Concurso; and prova de títulos.
Time Limit
5 hours (300 minutes)
Passing Score
Ranked: the 300 highest scorers advance, with a deduction of one correct answer for every four wrong answers
Exam Fee
R$ 250,00 (Ministério Público Federal (MPF) / Procuradoria-Geral da República (PGR))
Procurador da República MPF Exam Content Outline
28%
Direito Constitucional, Direitos Humanos e Direito Eleitoral
Constitutional theory, judicial review, international human rights treaties, Inter-American Court rulings, and electoral crimes/actions.
30%
Direito Administrativo e Ambiental, Financeiro e Tributário
Administrative contracts, improbity (Lei 14.230/2021), environmental protection, national tax system, and public finance (LRF).
27%
Direito Civil, Empresarial e Processual Civil
Civil Code, commercial corporations, bankruptcy, and collective litigation microsystem (LACP/CDC).
15%
Direito Penal e Processual Penal federal
Federal crimes, organized crime, money laundering, financial crimes, federal jurisdiction (Art. 109 CF), and criminal procedure.
How to Pass the Procurador da República MPF Exam
What You Need to Know
- Passing score: Ranked: the 300 highest scorers advance, with a deduction of one correct answer for every four wrong answers
- Assessment: Four stages: prova objetiva (120 questions, 5 hours, one correct answer deducted for every four wrong answers, top 300 advance); provas subjetivas over three consecutive days of four hours each, grouped as Grupo I (Constitucional, Administrativo e Ambiental), Grupo II (Civil e Processual Civil) and Grupo III (Penal e Processual Penal), each day requiring one legal instrument plus up to four discursive questions; prova oral before the Comissão de Concurso; and prova de títulos.
- Time limit: 5 hours (300 minutes)
- Exam fee: R$ 250,00
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 MPF objective exam?
There is no published percentage cut. The 300 highest-scoring candidates on the 120-question paper advance, and the score is net: one correct answer is cancelled for every four wrong answers, which is why the MPF answer sheet carries a compulsory fifth marking for questions the candidate does not know.
What are the stages of the Concurso para Procurador da República?
The competition comprises 5 stages: (1) selective objective examination; (2) four subjective written examinations; (3) registration, medical/psychological exams, and background checks; (4) oral examination before examining boards; and (5) title assessment.
What legal experience is required for the MPF competition?
Candidates must possess a Bachelor of Laws degree and have completed a minimum of three years of verified legal activity (atividade jurídica) following law school graduation.