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Sample Procurador do Trabalho MPT Practice Questions
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1Under the 1988 Federal Constitution of Brazil, the horizontal application of fundamental rights (eficácia horizontal dos direitos fundamentais) to private employment relationships establishes that:
A.Fundamental constitutional rights bind only public authorities and state organs, leaving private contractual relations governed exclusively by the Civil Code and the CLT.
B.Fundamental constitutional rights directly apply to private legal relationships, prohibiting employers from infringing upon workers' human dignity, equality, and privacy under the pretext of managerial directive power.
C.Fundamental rights apply to private employers only when explicitly incorporated through collective bargaining agreements or specific statutory provisions enacted by the National Congress.
D.Private employers are immune from direct constitutional scrutiny unless the company receives direct state subsidies or public procurement financing.
Explanation: The Brazilian Supreme Federal Court (STF) consolidated the doctrine of the direct horizontal effect of fundamental rights (eficácia horizontal dos direitos fundamentais), establishing that constitutional rights directly bind private individuals and corporations. Under Articles 1 (III, IV) and 5 of the 1988 Constitution, employer prerogative and directive power (poder diretivo) are materially limited by workers' fundamental rights such as human dignity, privacy, and non-discrimination. Consequently, contractual autonomy cannot shield private abusive practices from constitutional scrutiny.
2In Direct Action of Unconstitutionality (ADI) 5766, the Supreme Federal Court (STF) analyzed the 2017 Labor Reform provisions regarding legal aid (justiça gratuita). What did the STF rule concerning the collection of expert and attorney fees from indigent workers?
A.The STF declared fully constitutional the automatic deduction of legal and expert fees from any judicial credits earned by indigent workers in any court.
B.The STF declared unconstitutional the statutory provisions that automatically burdened beneficiaries of free legal aid with expert fees and opposing party attorney fees whenever they obtained credits in labor claims.
C.The STF ruled that the Public Prosecution Service (MPT) must pay all expert and attorney fees incurred by indigent workers in individual labor suits.
D.The STF established that free legal aid in Labor Courts is restricted to individuals earning less than half a minimum wage, regardless of actual financial vulnerability.
Explanation: In ADI 5766, the STF declared unconstitutional Articles 790-B (caput and § 4) and 791-A (§ 4) of the CLT (introduced by Lei 13.467/2017) to the extent that they allowed automatic charging of expert and succumbing attorney fees against workers holding free legal justice status (justiça gratuita) simply because they obtained credits in that or another suit. The Supreme Court recognized that conditioning the fundamental right of access to justice (Art. 5, LXXIV, CF/88) on an automatic loss of acquired labor credits unconstitutionally violates full and free state legal assistance for the poor.
3The constitutional principle of the prohibition of social regression (princípio da vedação do retrocesso social or 'cláusula de não retorno') dictates that:
A.The legislature may freely revoke established fundamental social rights without any constitutional limitations whenever budgetary constraints occur.
B.Once a fundamental social right is recognized and implemented by the constitutional and legislative framework, it cannot be arbitrarily eliminated or degraded without equivalent compensatory protections.
C.Collective bargaining agreements can indefinitely suspend all statutory protections set forth in Article 7 of the Federal Constitution.
D.Only economic and proprietary rights enjoy protection against legislative amendments, while social and labor guarantees remain purely discretionary program policies.
Explanation: The principle of prohibition of social regression (vedação do retrocesso social / efeito cliquet) derives from the democratic rule of law and the progressive realization of human rights (Art. 1, III, and Art. 7, caput, CF/88). Under this doctrine, once a fundamental social right is concretized, the State cannot dismantle, suppress, or disproportionately diminish its core protective scope without establishing adequate alternative compensatory mechanisms, safeguarding the existential minimum against regressive legislation.
4Regarding the distribution of federative legislative competencies under Article 22, I of the 1988 Federal Constitution, which entity holds exclusive authority to legislate on labor law (Direito do Trabalho)?
A.The Municipalities, to regulate local commercial and industrial operating hours and overtime rules.
B.The States and the Federal District concurrently with the Union, allowing each State to define distinct labor contract rules.
C.The Union (Federal Government) exclusively, rendering state or municipal statutes that regulate substantive labor relations unconstitutional.
D.Regional Labor Courts (TRTs), which possess delegated legislative power to issue regional binding labor statutes.
Explanation: Under Article 22, item I of the 1988 Federal Constitution, the Union has exclusive (privativa) competence to legislate on civil, commercial, criminal, procedural, and labor law (Direito do Trabalho). State or municipal laws that attempt to regulate employment contract conditions, working hours, or employment stability are unconstitutional due to formal federative usurpation of competence, as repeatedly reaffirmed by STF binding jurisprudence (e.g., Súmula Vinculante 38).
5Articles 127 and 129 of the 1988 Federal Constitution define the institutional profile of the Public Prosecution (Ministério Público). What are its institutional principles and primary constitutional mission in the labor sphere?
A.Subordination to the Executive branch, indivisibility, and the defense of private commercial corporations in bankruptcy proceedings.
B.Unity, indivisibility, and functional independence; its mission is the defense of the legal order, the democratic regime, and indisposable social and individual interests.
C.Hierarchy, territorial fragmentation, and the exclusive judicial representation of labor unions in wage disputes.
D.Judicial representation of the Federal Union in tax collection and civil damage claims against state employees.
Explanation: Article 127, § 1 of the 1988 Constitution explicitly establishes unity (unidade), indivisibility (indivisibilidade), and functional independence (independência funcional) as the institutional principles of the Public Prosecution. Article 127, caput, defines its role as an essential permanent institution for the jurisdictional function of the State, entrusted with defending the legal order, the democratic regime, and inalienable and indisposable social and individual interests (interesses sociais e individuais indisponíveis).
6In the constitutional balancing between the principle of free enterprise (livre iniciativa) and the social value of labor (valor social do trabalho), how does the STF interpret Article 170 of the 1988 Federal Constitution?
A.Free enterprise is an absolute constitutional right that prevails over any environmental, labor, or human rights regulations imposed on companies.
B.The economic order is founded on the valorization of human labor and free enterprise, with the objective of ensuring a dignified existence according to social justice dictates.
C.The social value of labor is subordinate to the pursuit of maximum corporate profit, prohibiting the state from inspecting working conditions.
D.The Constitution established a state-planned socialist economy where private ownership of production means is transitional.
Explanation: Article 170 of the 1988 Federal Constitution establishes that the economic order is founded on the valorization of human labor and free enterprise, aimed at ensuring a dignified existence for all under the dictates of social justice. Economic freedom and private property cannot be exercised in violation of human dignity or the social function of enterprise; economic exploitation is constitutionally conditioned by respect for workers' fundamental labor rights.
7When public authorities invoke the 'reserve of the possible' (reserva do possível) to justify the absence of basic safety measures or non-enforcement of fundamental labor standards, Brazilian constitutional doctrine establishes that:
A.The defense of the 'reserve of the possible' unconditionally shields the State from any judicial or MPT enforcement regarding fundamental social rights.
B.The 'reserve of the possible' cannot be opposed against the core 'existential minimum' (mínimo existencial), which comprises essential guarantees for human dignity and physical integrity.
C.Budgetary discretion completely overrides constitutional mandates regarding child labor eradication and workplace safety in public contracts.
D.The existential minimum is limited exclusively to criminal procedural guarantees, having no application in labor or social law.
Explanation: Brazilian constitutional doctrine and STF jurisprudence establish that the 'reserve of the possible' (reserva do possível) cannot be invoked by public entities to undermine the 'existential minimum' (mínimo existencial). Core fundamental guarantees—such as physical integrity, essential health and safety at work, eradication of child and slave labor, and basic subsistence—are directly derived from human dignity (Art. 1, III, CF/88) and must be safeguarded regardless of administrative budgetary convenience.
8Article 7, item XXXI of the 1988 Constitution prohibits any discrimination regarding wages and admission criteria for workers with disabilities. In light of this, what is the legal nature of affirmative quota policies (e.g., Lei nº 8.213/1991, Art. 93)?
A.They constitute unconstitutional reverse discrimination that violates the formal equality clause of Article 5, caput.
B.They are legitimate affirmative action measures (ações afirmativas) that implement substantive equality (igualdade material) by overcoming structural barriers in the labor market.
C.They are discretionary guidelines that private enterprises with more than 100 employees may freely choose to ignore without legal sanctions.
D.They are applicable exclusively to direct public administration autarchies and public foundations.
Explanation: Affirmative action policies, such as the mandatory employment quota for persons with disabilities and rehabilitated beneficiaries in companies with 100 or more employees (Art. 93 of Lei 8.213/1991), give direct effect to substantive equality (igualdade material / substancial). As recognized by the STF and TST, treating unequally those in unequal situations to compensate for historical discrimination and structural barriers is fully aligned with Article 7, XXXI, and Article 37, VIII of the 1988 Constitution.
9In the Supreme Federal Court's judgment on outsourcing in ADPF 324 and Tema 725 of general repercussion, what constitutional thesis was established regarding service outsourcing?
A.Outsourcing is strictly illegal in any activity of a commercial corporation, requiring direct hiring of all personnel.
B.Outsourcing of any activity—whether core business activities (atividade-fim) or secondary support activities (atividade-meio)—is lawful, with the contracting entity maintaining subsidiary liability for labor debts.
C.Outsourcing core activities automatically converts the service provider's employees into statutory civil servants.
D.Outsourcing is permitted only if the contracting company assumes joint and several strict criminal liability for all labor claims.
Explanation: In ADPF 324 and RE 958.252 (Tema 725), the STF ruled that outsourcing of any business stage, including core activities (atividade-fim) and secondary support activities (atividade-meio), is constitutional based on the principles of free enterprise and free competition (Arts. 1, IV, and 170, CF/88). However, the beneficiary/contracting company maintains subsidiary liability (responsabilidade subsidiária) for the labor and social security obligations of the outsourced workers.
10Regarding the fundamental right to intimacy and privacy in the workplace (Art. 5, X of CF/88), which employer monitoring practice is considered an unlawful violation by established TST jurisprudence?
A.Installation of visible security surveillance cameras in general production areas and customer service counters.
B.Routine electronic access control to corporate email accounts explicitly designated as exclusively professional tools in company policy.
C.Installation of hidden or visible video cameras inside employee restrooms, locker rooms, or intimate dressing areas.
D.Monitoring the physical entry and exit times of workers at factory gates using electronic badges.
Explanation: Under Article 5, X of the Federal Constitution and consistent TST jurisprudence, the installation of surveillance cameras in private spaces such as bathrooms, restrooms, and changing/locker rooms constitutes an abusive and illegal violation of workers' fundamental rights to intimacy, privacy, and bodily dignity. Such practices cannot be justified by employer directive power or asset protection and give rise to moral damages (danos morais).
About the Procurador do Trabalho MPT Exam
The Concurso Público para Procurador do Trabalho is the specialized national competition organized by the MPT under Lei Complementar nº 75/1993 to select labor prosecutors across Brazil. Labor prosecutors defend constitutional labor principles, collective social interests, workplace safety, combat discrimination, and eliminate child and contemporary slave labor.
Assessment
Five stages: prova objetiva (100 MCQs, 4 hours, no consultation, one correct answer deducted for each set of three wrong answers, top 200 advance); prova discursiva (five questions on Grupos I and II, minimum 50); prova prática (drafting one or more legal instruments typical of MPT practice, minimum 50); provas orais (minimum 50 in each subject); and avaliação de títulos. Final approval requires an overall mark of at least 60.
Time Limit
4 hours (240 minutes)
Passing Score
Ranked (top 200 advance); overall final mark of 60 required for approval in the competition
Exam Fee
R$ 250,00 (Ministério Público do Trabalho (MPT) / Procuradoria-Geral do Trabalho (PGT))
Procurador do Trabalho MPT Exam Content Outline
40%
Grupo I: Constitucional, Direitos Humanos, Direito do Trabalho e Processual do Trabalho
Constitutional social rights, ILO conventions, workplace environment, individual and collective labor law.
30%
Grupo II: Direito Processual Civil e Direito Administrativo
Labor court procedure, Civil Inquiry, TAC, Public Civil Actions, and LC 75/1993 institutional statute.
30%
Grupo III: Seguridade Social e Previdenciário, Penal, Internacional e Comunitário
Civil liability, corporate groups, occupational social security benefits, slave labor crimes (Art. 149 CP), and international law.
How to Pass the Procurador do Trabalho MPT Exam
What You Need to Know
- Passing score: Ranked (top 200 advance); overall final mark of 60 required for approval in the competition
- Assessment: Five stages: prova objetiva (100 MCQs, 4 hours, no consultation, one correct answer deducted for each set of three wrong answers, top 200 advance); prova discursiva (five questions on Grupos I and II, minimum 50); prova prática (drafting one or more legal instruments typical of MPT practice, minimum 50); provas orais (minimum 50 in each subject); and avaliação de títulos. Final approval requires an overall mark of at least 60.
- Time limit: 4 hours (240 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 MPT objective examination?
The MPT publishes no per-group cut for the prova objetiva. Under Article 48 of Resolução CSMPT nº 143/2017 the 200 highest scorers advance, with the quota lists counted outside that cap, and Article 47, § 2º cancels one correct answer for every three wrong answers. Approval in the competition as a whole requires a final mark of at least 60.
What are the stages of the Concurso para Procurador do Trabalho?
The selection consists of: (1) selective objective test; (2) subjective written test; (3) practical procedural drafting test; (4) registration, medical/psychological evaluations, and background investigation; (5) oral examination; and (6) title assessment.
What is the statutory requirement for legal activity (atividade jurídica)?
Candidates must have completed at least 3 years of verified legal activity post-graduation by the date of preliminary registration.