ORDER OF ATTORNEYS OF BRAZIL

UNIFIED ORDER EXAM

PRACTICAL-PROFESSIONAL TEST
SIMULATED 1
AREA: CRIMINAL LAW
The preliminary template of the practical-professional exam corresponds only to an expected response,
able to be changed until the release of the final answer standard.
Any nominal and/or situational resemblance present in the statements of the questions is purely coincidental.
This document is a simulation that uses the same standards as the practical-professional exam applied by
Getúlio Vargas Foundation.

RESPONSE PATTERN - PROFESSIONAL PIECE

Statement

During an investigation to uncover drug trafficking in the city of Volta Redonda/RJ, police agents
civil, although suspicious that Wilson Rocha was involved in the crime, could not gather evidence
sufficient to point him out as a trafficker. In light of this, one of the police officers began to frequent the same places.
of the investigated. On a certain day, pretending to be a drug user, he approached Wilson and induced him
to provide him with 10 grams of cocaine. Surprised, Wilson replied to the supposed user stating that he did not have
drugs with him. Not satisfied with the answer, the undercover police officer insisted that Wilson get him the drug.
Even unhappy, Wilson, in the face of the officer's insistence, said he would try to get the requested drug. He left.
I went local, returning half an hour later exactly with the amount of drugs requested by the police officer, saying that
I had made a deal with the drug dealer operating in the neighborhood. At that moment, the police officer arrested Wilson.
in the act, under the accusation of committing the crime of illegal drug trafficking, provided for in article 33, 'caput', of the Law
11.343/2006. During the drafting of the arrest warrant in flagrant offense, Wilson indicated a lawyer to assist him, which
was dismissed by the Delegate, under the argument that it would not be necessary. Two days after the arrest, the Delegate
concluded the preparation of the arrest report in the act, delivering the charge sheet to the caught individual, with subsequent transmission
to the Judiciary, representing for the conversion of the arrest in flagrante into preventive detention. Wilson's family
Rocha, as well as the competent Judge and the Member of the Public Ministry, were only made aware of the arrest
when the arrest warrant in flagrant was submitted to the Judiciary. The arrest warrant in flagrant is concluded
for the Magistrate's appreciation.
Based only on the information available and on what can be inferred from the specific case above, in the
the quality of lawyer of Wilson Rocha, draft the appropriate legal document, different from habeas corpus, regarding
freedom of your client, claiming for that all the relevant legal material regarding the case. (Value: 5.00)

Note: the document must cover all legal principles that can be used to provide support for
Claim. The mere mention or transcription of the legal provision does not grant points.

Commented answer key

O candidato deverá redigir uma petição deRELAXAMENTO DE PRISÃO, com base no artigo 5º, inciso LXV, da
CRFB/88, and/or article 310, item I, of the Code of Criminal Procedure, to be addressed to the Judge of the Criminal Court
from Volta Redonda/RJ.

In the petition, it should argue that:

The arrest is illegal and/or the arrest warrant in flagrant is null because the arrest occurred in the context of a flagrant offense.
prepared/provoked, in accordance with the terms of Summary 145 of the STF and article 17 of the CP;

2. The arrest is illegal and/or the arrest record is null for making it impossible to have assistance from a lawyer, according to

Simulated Response Pattern Page 1

Practical-Professional Exam - Unified Order Exam - Prof. Nidal Ahmad
 ORDER OF ATTORNEYS OF BRAZIL
UNIFIED BAR EXAM
PRACTICAL-PROFESSIONAL EXAM
SIMULATED 1
AREA: CRIMINAL LAW
The preliminary template of the practical-professional exam corresponds only to an expectation of response,
can be changed until the release of the final answer pattern.
Any nominal and/or situational resemblance present in the statements of the questions is merely coincidental.
This document is a simulation that uses the same standards as the practical-professional exam applied by
Getúlio Vargas Foundation.

of Article 5, section LXIII, of the Federal Constitution of 1988 or Article 7, section III, of the Statute of the Brazilian Bar Association or Article 8,
2, subsection 'd' of Decree 678/92, and/or a copy of the APF was not forwarded to the Public Defender's Office, pursuant to the article
306, § 1, of the Code of Criminal Procedure;

3. The arrest is illegal and/or the arrest record in the act is null because the Delegate did not immediately inform the
family of the detainee, in accordance with article 306, 'caput', of the Code of Criminal Procedure and/or article 5, item LXII and/or
item LXIII, of the CF/88;

The arrest is illegal because the Delegate did not immediately inform the competent Judge and the Member of the Ministry.
Public, in accordance with article 306, 'caput', of the Code of Criminal Procedure and/or article 5, item LXII, of the Federal Constitution of 1988;

5. The arrest is illegal and/or the arrest record is null because the police chief handed over the notice of guilt.
and forwarded the APF to the judicial authority after the 24-hour period, violating the provisions of Article 306, § 1 and 2, of
Code of Criminal Procedure.

In the end, the examinee should file a request for release from prison due to the nullity of the arrest record.
in the act, with the consequent issuance of a release warrant.

In the VI OAB Exam, when relaxation of imprisonment was addressed, there was no requirement for an article in the request, precisely because it coincides.

with the legal basis of the piece (article 5, item LXV, CF/88 and article 310, item I, of the CPP), which is why it will not be included
In the response pattern. However, if you include the article, and it is even recommended, for caution's sake, to do so, there will be no problem.

Simulated Response Pattern Page 2

Practical-Professional Exam - Unified Order Exam - Prof. Nidal Ahmad
 ORDER OF ATTORNEYS OF BRAZIL
UNIFIED BAR EXAMINATION
PRACTICAL-PROFESSIONAL TEST
SIMULATED 1
FIELD: CRIMINAL LAW
The preliminary template of the practical-professional exam corresponds only to an expectation of response,
it can be changed until the release of the final answer standard.
Any nominal and/or situational resemblance present in the statements of the questions is mere coincidence.
This document is a simulation that uses the same standards as the practical-professional exam applied by
Getúlio Vargas Foundation.

Point distribution

ITEM Punctuation
1. Addressing 0
Judge of the Criminal Court of Volta Redonda/RJ(0.25) 0.00/0.25
2. Sufficiency
Legal basis for the request for Release from Prison: art. 5, item LXV, of the CRFBE/OR 0.00/0.50
art. 310, item I, of the CPP(0,50)
Of the Law
3.1 Legal development regarding the illegality of detention and the nullity of the arrest record 0.00/0.25
in flagrante, because it is a prepared/provoked in flagrante (0.75), as provided in the Summary 0.75/1.0
145 of STFE/Article 17 of CP(0.25)
3.2 Legal development regarding the illegality of arrest and the nullity of the arrest record
in flagrant for violation of the right to assistance of a lawyer(0.30)A/OOr for not having 0/0,20/0,30/
sent a copy of the arrest record in flagrante to the Public Defender's Office, in accordance with the art. 0.50
Article 5, paragraph LXIII, of the Federal Constitution of 1988 OR Article 306, § 1, of the Penal Code OR Article 7, paragraph III, of the Statute of the Child and Adolescent

art. 8, 2, item 'd' of Decree 678/92(0.20)

3.3 Legal development regarding the illegality of arrest and the nullity of the arrest record
in flagrante because the Delegate did not immediately inform the family of the prisoner (0.30), 0/0, 20/0, 30/
violating the provisions of article 306, 'caput', of the CPPE/OR article 5, item LXIIE/OR item LXIII, 0.50
CF/88(0,20)
3.4 Legal development regarding the illegality of arrest and the nullity of the arrest record
in flagrante because the Delegate did not immediately inform the competent Judge and the 0/0,20/0,30/
Member of the Public Prosecutor's Office (0.30), violating the provisions of article 306, 'caput', of the CPPE/OU 0.50
Article 5, item LXII, CF/88(0.20).
3.5 Legal development regarding the nullity of the arrest warrant in flagrante because the
The Police Delegate handed over the notice of guilt and forwarded the procedure to the authority. 0/0,20/0,30/
judicial after the 24-hour deadline (0.30), violating the provisions of article 306, § 1 and 2 of the CPP 0.50
(0,20).
4. Order
Request for relaxation of prison due to the nullity of the arrest warrant in flagrant (0.50) 0.00/0.25/0.50/
the issuance of a release order (0.25). 0.75
6. Correct Structure and Closure
Division of parts / indication of location, date, lawyer, and OAB (0.50) 0.50
TOTAL 5.00

Simulated Response Pattern Page 3

Practical-Professional Exam - Unified Bar Exam - Prof. Nidal Ahmad
 ORDER OF ATTORNEYS OF BRAZIL
UNIFIED BAR EXAM
PROFESSIONAL PRACTICAL TEST
SIMULATED 1
FIELD: CRIMINAL LAW
The preliminary template for the practical-professional exam corresponds only to an expected response,
can be changed until the disclosure of the final answer pattern.
Any nominal and/or situational resemblance present in the statements of the questions is purely coincidental.
This document is a simulation that uses the same standards as the practical-professional exam applied by
Getúlio Vargas Foundation.

PADRÃO DE RESPOSTA–QUESTÃO 1
Statement

On November 18, 2018, Marilda went to the Women's Police Station and reported that her husband, Wilson
Rocha threatened her with death, in a situation of domestic and family violence against women. He also expressed.
interest that your husband be held criminally responsible for his behavior. The police authority
established the respective criminal procedure for the crime of threat (Art. 147 of the Penal Code, with
application of the measures provided for in Law No. 11,340/06). However, before the procedure is forwarded to the
Public Prosecutor's Office for the possible filing of a complaint, Marilda returns to the police station to inform that she does not
but to have an interest in the criminal accountability of her husband. However, the police authority did not formalize the
retraction of the representation made by Marilda, stating that it is unfounded. In light of this, Marilda seeks you out, in the
condition of lawyer, in search of guidance.
Considering the information reported, in the capacity of Marilda's lawyer, based solely on the information
narrated, clarify the following items.
A) Is it possible for Marilda to withdraw her right to representation at the Police Station? Justify.
(Valor: 0,65)
B) In the event of the continuation of the criminal proceedings, would it be possible for the Public Prosecutor's Office to make a proposal?
of penal transaction to Wilson, pursuant to Article 76 of Law 9.099/95? Justify. (Value: 0.60)

Note: The examinee must substantiate the answers. Mere citation of the legal provision does not confer
punctuation.

Commented answer key

A) The examinee should clarify that the crime of threat is a public action conditioned upon representation,
under the terms of Art. 147, sole paragraph, of the Penal Code, so that it is possible to retract the right of
representation. However, since the crime was committed in a situation of domestic and family violence against women,
Some requirements are brought by law in order to ensure that this expression was free from pressure. Such requirements
are brought by Art. 16 of Law 11.340/06, which allows for retraction before the receipt of the complaint, as long as
held in a special hearing, in the presence of the magistrate, after the manifestation of the Public Prosecutor's Office.

B) Should the candidate clarify that penal transaction is not possible in crimes involving domestic violence?
and familiar against the woman, even if of lesser offensive potential. This is because, under the terms of article 41 of the Law
Law 11.340/2006 does not apply the provisions of Law No. 9.099/95 to crimes committed with violence.
domestic and family violence against women, regardless of the penalty provided. Furthermore, according to the terms of Summary 536
the conditional suspension of the process and the plea bargain do not apply in the case of crimes subject to
ritefrom the Maria da Penha Law.

Simulated Response Standard Page 4

Practical-Professional Test - Unified Bar Exam - Prof. Nidal Ahmad
 ORDER OF ATTORNEYS OF BRAZIL
UNIFIED BAR EXAM
PROFESSIONAL PRACTICE TEST
SIMULATED 1
AREA: CRIMINAL LAW
“O gabarito preliminar da provaprático-profissional corresponde apenas a uma expectativa de resposta,
it can be changed until the release of the final answer standard.
Any nominal and/or situational resemblance present in the statements of the questions is purely coincidental.
This document is a simulation that uses the same standards as the practical-professional exam applied by
Getúlio Vargas Foundation.

Point distribution

ITEM Punctuation
a) It is not possible to withdraw a statement at the Police Station. The retraction of the victim must
to occur in a special hearing, in the presence of the judge and with the Public Ministry heard 0/0, 10/0, 25/0, 30/
(0.30), before the receipt of the complaint (0.25), in accordance with article 16 of Law No. 11.340/06 0.35/0.40/0.55/0.65
(0,10)
b) No, as the application of Law 9.099/95 is prohibited for crimes committed with violence. 0/0, 20/0, 40/0, 60
domestic and family violence against women (0.40), under the terms of article 41 of Law 11.340/2006
STJ Summary 536 (0.20).

Simulated Response Pattern Page 5

Practical-Professional Exam - Unified Bar Exam - Prof. Nidal Ahmad
 ORDER OF LAWYERS OF BRAZIL
UNIFIED BAR EXAM
PROFESSIONAL-PRACTICAL EXAM
SAMPLE 1
AREA: CRIMINAL LAW
The preliminary template of the practical-professional exam corresponds only to an expectation of response,
which can be changed until the release of the final answer standard.
Any nominal and/or situational resemblance present in the statements of the questions is mere coincidence.
This document is a simulation that uses the same standards as the practical-professional exam applied by
Getúlio Vargas Foundation.

RESPONSE STANDARD – QUESTION 2

Statement

On March 8, 2017, Wilson was driving a motor vehicle on a public road at 5 PM when he was requested.
your stop at a checkpoint. After checking the car's license plate, the police confirmed that the vehicle was a product
for the crime of robbery that occurred on March 5, 2017, at 9 AM. As a result, they made the arrest and sent
Wilson, attributing to him the practice of the crime of receiving stolen goods. At the police station, the victim of the robbery appeared.
at the Police Station, and in accordance with all legal formalities, identified Wilson as the author of the crime that
The police authority recorded an arrest in flagrante for the crime of robbery to the detriment of receiving stolen goods.
representing the conversion of the arrest in flagrante into preventive detention.
Considering the information narrated, in the capacity of Wilson's lawyer, who must express himself before the
decision of the magistrate regarding the representation of the police authority, answer the following items.
A) What request should be made immediately in search of Wilson's freedom and what is the legal basis?
Justify. (Value: 0.60)
B) What argument could be presented in pursuit of Wilson's release? Justify. (Value: 0.65)

Note: The examinee must properly substantiate their answer. The mere mention or transcription of
legal device does not score.

Commented answer sheet

A) The appropriate request is for the relaxation of the arrest in flagrante, based on article 310, section I, of the Code of
Criminal Procedure and article 5, item LXV, of the Federal Constitution of 1988.

B) Regarding the argument for the release of the person caught in the act, the defense should argue that Wilson was arrested in flagrante.
charged with having committed, in theory, the crime of robbery. However, the arrest is illegal, since the conditions are not present.
none of the hypotheses of article 302 of the Code of Criminal Procedure. The applicant was not arrested while committing the offense,
not even when he supposedly committed it. There was also no pursuit shortly after the crime was committed,
nor was he found shortly after, with instruments, weapons, objects, or papers that indicated any eventual
participation in the aforementioned robbery. Therefore, none of the hypotheses in paragraphs I, II, III, and IV are present.
Article 302 of the Code of Criminal Procedure states that the arrest in flagrante is illegal and must be relaxed, based on the article
310, item I, of the Code of Criminal Procedure and article 5, item LXV, of the Federal Constitution/88, with issuance of
release warrant.

Simulated Response Pattern Page 6

Practical-Professional Test - Unified Bar Exam - Prof. Nidal Ahmad
 ORDER OF LAWYERS OF BRAZIL
UNIFIED BAR EXAM
PROFESSIONAL-PRACTICAL EXAM
SIMULATION 1
AREA: CRIMINAL LAW
The preliminary template of the practical-professional exam corresponds only to an expectation of response,
it can be altered until the release of the final answer standard.
Any nominal and/or situational resemblance present in the statements of the questions is merely coincidental.
This document is a simulation that uses the same standards as the practical-professional exam applied by
Getúlio Vargas Foundation.

Point distribution

ITEM PUNCTUATION
a) The request to be made would be for the relaxation of arrest in flagrante (0.40), with 0.0/0.20/0.40/
based on article 5, section LXV, of the Federal Constitution of 1988 and/or article 310, section I, of the Criminal Procedure Code 0.60

b) It must be argued that the imprisonment is illegal (0.20), as there is no evidence present. 0/0,10/0,20/
hypothesis that leads to the arrest in flagrant (0.35), provided for in article 302 of the CPP (0.10). 0.30/0.35/0.45/
0.55/0.65

Simulated Response Standard Page 7

Practical-Professional Test - Unified Order Exam - Prof. Nidal Ahmad
 ORDER OF ATTORNEYS OF BRAZIL
UNIFIED BAR EXAMINATION
PRACTICAL-PROFESSIONAL TEST
SIMULATION 1
AREA: CRIMINAL LAW
The preliminary template of the practical-professional exam corresponds only to an expectation of response,
can be changed until the release of the final answer standard.
Any nominal and/or situational similarity present in the statements of the questions is merely coincidental.
This document is a simulation that uses the same standards as the practical-professional exam applied by
Getúlio Vargas Foundation.

PADRÃO DE RESPOSTA–QUESTÃO 3

Statement

Wilson, at the request of his children Flávio and Gilson, who were 5 and 7 years old respectively, took them to the club.
water of the city where he lived. At a certain moment, while Flávio was playing in the children's pool at the club, Wilson
was called to assist Gilson who had fallen from the park swing, injuring his leg. In light of this, Wilson
asked Jussara, a lady who was near the children's pool, to take care of her younger child,
while I was attending to my older son who was at the park on the other side of the club. Flávio was playing
calmly in the pool. A few minutes later, Flávio, without anyone noticing, went to the deeper area of the
pool no longer able to return, being covered by water for long enough to cause its
drowning and death of the child. In light of this, after the conclusion of the respective police inquiry, the Public Prosecutor's Office
offered a complaint against Wilson, stating that as the victim's father, he had the duty to act to prevent the outcome,
charging him with the crime of unintentional homicide, provided for in Article 121, § 3, combined with 13, § 2, "a", both of
Penal Code, however, without proposing any institution that would waive the continuation of the criminal action, despite
of never having responded to any criminal proceedings. The complaint was received and the defendant summoned. Considering
Based on the information narrated, in the capacity of lawyer for Wilson, answer the items below:
A) What procedural law argument could be raised to seek the annulment of the process from the
denunciation? Justify it. (Value: 0.60)
B) What material legal argument should be presented in pursuit of Wilson's acquittal? Justify.
(Value: 0.65)

Note: The examinee must justify their answers. Simply mentioning the legal provision does not confer
punctuation.

Gabarito comentado

A) The examinee should emphasize that there was a nullity to be recognized, considering that the crime attributed to the
the accused has a penalty foreseen of 1 to 3 years, thus the proposal for conditional suspension of the process is possible.
according to Art. 89 of Law No. 9,099/95, regardless of whether the crime is or is not of lesser offensive potential,
as the minimum penalty provided is up to 1 year, and all other legal requirements are met, the proposal is applicable
conditional suspension of the process. In this case, Wilson was a first offender and did not respond to any other criminal action, not
there being reasonable motivation for the proposal of the decriminalization institute not to be offered. In this case, it should
to annul the decision of indictment, sending the files to the Public Prosecutor's Office for a statement on the
proposal of the benefit.

B) The material law argument in search of acquittal would be that Wilson's omission was not relevant.
for the production of the outcome, since, under the circumstances, could not act to prevent the outcome. According to the article
Article 13, § 2 of the Penal Code, omission is penally relevant when the person who omitted should and could have acted to prevent the
result. In this case, Wilson could not act, because he was assisting the other son, who had
Simulated Response Pattern Page 8
Practical-Professional Test - Unified Bar Exam - Prof. Nidal Ahmad
 ORDER OF ATTORNEYS OF BRAZIL
UNIFIED BAR EXAM
PRACTICAL-PROFESSIONAL TEST
SIMULATION 1
AREA: CRIMINAL LAW
The preliminary answer key for the practical-professional exam corresponds only to an expectation of response,
can be changed until the release of the final answer standard.
Any nominal and/or situational resemblance present in the statements of the questions is purely coincidental.
This document is a simulation that uses the same standards as the practical-professional exam applied by
Getúlio Vargas Foundation.
injured in the park located on the other side of the swimming club. Therefore, as it is not a legally relevant omission.
For the production of the result, there is no punishable conduct, thus the fact is atypical in relation to Wilson.
It should be noted that, in this case, the claim of judicial pardon will not be accepted for scoring purposes, as the
The statement required a substantive law thesis aimed at the defendant's acquittal, with the decision granting the pardon.
Judicial has a declaratory nature, according to Summary 18 of the STJ.

Point distribution

ITEM Punctuation
a) Nullity due to the failure to present a proposal for conditional suspension of the
process(0,40), since the minimum penalty for the charged offense is 1 year, being the defendant a first-time offender 0/0.10/0.20/0.40/
(0.10), fulfilling the requirements of Art. 89 of Law 9.099(0.10).0,50/0,60

b) Wilson's omission was not relevant to the production of the result (0.30), since, in the 0/0, 15/0, 20/0, 35/
circumstances, could not act to avoid the outcome(0.20), not applying the hypothesis of the 0.45/0.50/
Article 13, § 2, item "a", of the Penal Code (0.15). 0.65

Simulated Response Standard Page 9

Practical-Professional Test - Unified Bar Exam - Prof. Nidal Ahmad
 ORDER OF ATTORNEYS OF BRAZIL
UNIFIED BAR EXAM
PRACTICAL-PROFESSIONAL TEST
SIMULATED 1
AREA: CRIMINAL LAW
The preliminary template for the practical-professional exam corresponds only to an expectation of response,
It can be changed until the release of the final answer standard.
Any nominal and/or situational resemblance present in the statements of the questions is purely coincidental.
This document is a simulation that uses the same standards as the practical-professional exam applied by
Getúlio Vargas Foundation.

RESPONSE STANDARD - QUESTION 4

Statement

On January 25, 2018, Mariana, six months pregnant, was caught storing 50g at her residence.
cocaine. During the drafting of the arrest in flagrante, it was found that Mariana was keeping the drug at the request of her
companion. It was also verified that Mariana was not part of any criminal organization and had never been
involved in illegal practice previously, being therefore a primary offense. Notwithstanding this, the police authority drew up
arrest warrant in flagrante delicto and represented for its conversion into preventive detention, arguing that the law imposes that
agent caught in the act for the offense of drug trafficking, provided for in article 33, 'caput', of the Law
11.343/2006, must respond to the detained process. The police authority immediately informed the family of the detained person.
as well as the Magistrate and the Public Prosecutor, with all other formalities of the flagrant arrest
observed.
Considering only the narrated information, in the capacity of Mariana's lawyer, respond to the following items.
A) Was the representation of the police authority, considering the invoked argument, prepared appropriately?
Justify (Value: 0.60)
B) Considering the possibility of the Judge converting the arrest in flagrante into preventive detention, would it be possible, in the
If so, apply for the replacement of this measure with another? Justify (Value: 0.65)

Note: The examinee must substantiate the answers. Merely citing the legal provision does not confer points.

Commented answer key

A) Development based on the unconstitutionality of Article 44 of Law 11.343/2006 regarding the part that
grants provisional release due to violation of the principle of presumption of innocence, provided in article 5.
item LVII, of the Federal Constitution of 1988, OR of the due legal process, provided for in article 5, item LIV, of the Federal Constitution of 1988, OR of dignity of

human person, provided for in Article 1, item III, of the Federal Constitution of 88, as well as because absent the
assumptions of article 312 of the CPP that authorize preventive detention, since Mariana was storing the drug at the request of
he had never engaged in illegal activities nor was he part of a criminal organization.

B) Yes, it would be possible to replace preventive detention with house arrest, since Mariana is pregnant, wouldn't it?
committed a crime with violence or serious threat to a person, nor against his child or dependent. Therefore, it is up to
substitution of preventive detention for house arrest, pursuant to Article 318, item IV and/or Article 318-A, both
of the Code of Criminal Procedure.

Simulated Response Standard Page 10

Practical-Professional Exam - Unified Order Exam - Prof. Nidal Ahmad
 ORDER OF LAWYERS OF BRAZIL
UNIFIED BAR EXAM
PRACTICAL-PROFESSIONAL TEST
SIMULATION 1
AREA: CRIMINAL LAW
The preliminary answer sheet for the practical-professional exam corresponds only to an expected response,
can be changed until the disclosure of the final answer standard.
Any nominal and/or situational resemblance present in the statements of the questions is mere coincidence.
This document is a simulation that uses the same standards as the practical-professional exam applied by
Getúlio Vargas Foundation.

Point distribution

ITEM PUNCTUATION
a) Reasoned development about the unconstitutionality of article 44 of the Law
11.343/2006 from the part that prohibits the granting of provisional release (0.30) for offense to the
principle of the presumption of innocence (0.10), provided for in article 5, item LVII, of the CF/88 (0.10), 0/0.10/0.20/0.30/
OR due process of law (0.10), provided for in article 5, item LIV, of the CF/88 (0.10), OR of 0.40/0.50/0.60
dignity of the human person (0.10), provided for in article 1, item III, of the Constitution
Federal/88(0,10), as well as because the prerequisites of Article 312 of the CPP are absent that
they authorize the preventive detention (0.10)
b) It must be argued that it would be possible to substitute preventive detention with house arrest.
(0,30), since Mariana is pregnant, she did not commit a crime with violence or serious threat. 0/0, 15/0, 20/0, 30/
to the person, nor against their child or dependent(0.20), under the terms of article 318-A AND/OR 318, 0.35/0.45/0.50/
item IV, of the Code of Criminal Procedure (0.15) 0.65

Simulated Response Pattern Page 11

Practical-Professional Exam - Unified Bar Exam - Prof. Nidal Ahmad
STRUCTURE OF THE PIECE
Most Excellent Sir Doctor Judge of the ... Court
CRIMINAL OF THE DISTRICT OF VOLTA REDONDA/RJ

Cars no...

WILSON ROCHA, nationality..., marital status...,

profession..., ID..., CPF..., email address..., resident and
domiciled..., through his undersigned attorney, with
attached power of attorney, comes, respectfully, before Your
Excellency, request the RELAXATION OF IMPRISONMENT, based on the article
Section 310, paragraph I, of the Code of Criminal Procedure, and article 5, paragraph LXV, of the

Federal Constitution/88, for the facts and grounds presented below:

I) OF THE FACTS

The applicant was arrested in the act accused of

for having committed the crime of illegal drug trafficking, as provided in article 33,
"head", of Law 11.343/06.
The arrest record in flagrante was completed two
days after the arrest.
The delegate requested the conversion of the arrest
in flagrant in preventive detention.

II) OF THE LAW

A) INSTANTIATED/PROVOKED FLAG
 The applicant was caught in the act, accused of
practice of the crime of drug trafficking. However, the arrest in the act is
illegal, since the applicant was induced by an undercover police officer
to obtain the requested drug from a dealer.
In fact, the applicant was only able to
amount of drugs due to the insistence of the undercover police officer of
user. The applicant said that he did not possess the drug requested by
police officer, but, in the face of persistence, managed to deal with the drug dealer on the corner

of smoke, being caught in the act when delivering the drug to

supposed user.
Logo, it is a prepared flagrant or
provoked, since the arrest is illegal, under the terms of Summary 145 of the

Supreme Federal Court and article 17 of the Penal Code, should be

relaxed.

B) ON THE RIGHT TO COMMUNICATION BETWEEN THE INMATE AND THE LAWYER AND
THE NON-FORWARDING TO THE PUBLIC DEFENDER'S OFFICE.

The police authority denied the applicant the right

of interviewing with a lawyer, as well as not forwarding the
procedure to the Public Defender's Office.
However, under the terms of Article 306, §1 of the Code
of Criminal Procedure, and article 5, section LXIII, of the Federal Constitution/88
Article 7, item III, of the Statute of the Brazilian Bar Association,
The prisoner has the right to the presence of an attorney of his choice.

Logo, the police authority should enable the

presence of the lawyer or forward a copy of the records to the Public Defender's Office

Public.
Thus, it is an illegal imprisonment.
C) LACK OF IMMEDIATE COMMUNICATION TO THE FAMILY OF THE INMATE

The family of the prisoner was not immediately

communicated about the arrest.
However, under the terms of article 306, 'heading', of
Code of Criminal Procedure, and article 5, inciso LXII, of the Constitution
Federal/88, the police authority should facilitate the communication
immediate to the family of the prisoner or a person indicated by them.
Look, this is about illegal imprisonment.

D) LACK OF IMMEDIATE COMMUNICATION TO THE COMPETENT JUDGE AND TO

MEMBER OF THE PUBLIC PROSECUTOR'S OFFICE

The delegate did not inform the judge about the arrest

competent, nor to the member of the Public Ministry.

Still, in terms of article 306, "caput", of
Code of Criminal Procedure, and article 5, item LXII, of the Constitution
In federal cases, the arrest should be immediately communicated to the judge.

competent, as well as to the member of the Public Ministry.

It concerns illegal imprisonment.

E) OF THE NOTE OF GUILT

The Police Delegate forwarded the procedure

to the judicial authority and the notice of guilt to the caught two days later after the

imprisonment. However, pursuant to article 306, §1 and §2 of the Code of

In criminal procedure, the record of arrest in flagrante should be forwarded
to the Magistrate within 24 hours after the arrest.
Furthermore, the notice of guilt should also be
delivered to the requester within 24 hours.
 Therefore, it is an illegal detention.

III) OF THE REQUEST

In light of the above, requests:

a) o relaxamento da prisão em flagrante;

b) the issuance of the release warrant;
c) visit to the Public Ministry.

In these terms,
Request for approval.

Local... and data...

Lawyer...
OAB...
 Questão 01

A) It is not possible for Marilda to retract at the Police Station. The

the crime of threat is a public prosecution action conditioned on representation, according to

article 147, sole paragraph, of the Penal Code, so that retraction is possible
of the right of representation.
However, since the crime was committed in a situation of domestic and family violence
against the woman, the retraction would only be possible in a specially held hearing
designated for this purpose, before the receipt of the complaint, in the presence
of the magistrate, after the expression of the Public Ministry, pursuant to article 16
of Law 11.340/06.

B) The plea bargain is not possible in cases involving domestic violence and
familiar against the woman, even if of lesser offensive potential. This is because, in the

the terms of article 41 of Law 11.340/2006, the institutes provided for do not apply.
Law No. 9.099/95 on crimes committed with domestic and family violence against the
woman, regardless of the penalty provided. In addition, pursuant to the Summation
536 of the Superior Court of Justice, the conditional suspension does not apply to
the process and the penal transaction in the case of offenses subject to the procedure of the Maria da Penha Law

from Penha.
Question 02
A) The appropriate request is for the relaxation of the arrest in flagrance, based on
Article 310, item I, of the Code of Criminal Procedure and Article 5, item LXV, of the

Federal Constitution/88.

B) Wilson was arrested in the act accused of having committed, in theory, the crime of
theft. However, the arrest is illegal, since none of the
hypotheses of Article 302 of the Code of Criminal Procedure. The petitioner was not arrested.

committing the crime of robbery, even when they just supposedly committed it.
There was also no pursuit immediately after the commission of the crime, nor was there

found, shortly after, with instruments, weapons, objects or papers that

they indicated possible participation in the referred robbery.

Therefore, none of the assumptions of Article 302, items I, being present,

II, III and IV of the Code of Criminal Procedure, the arrest in flagrante is illegal, and must

be relaxed, based on Article 310, item I, of the Code of Criminal Procedure and
Article 5, section LXV, of the Federal Constitution of 1988, with the issuance of a permit of

release
Question 03
A nullity must be claimed due to the lack of the proposal being offered.
conditional suspension of the process. This is because, according to the terms of article 89 of the Law

9.099/95, it is possible to grant the conditional suspension of the process when the
minimum penalty combined with the crime for equal to or less than 1 year, as long as the

the accused is not being prosecuted or has not been convicted of another
crime, presents the other requirements for the conditional suspension of the sentence.

Considering that in the specific case the crime charged has a minimum penalty lower than
A year and meeting the other requirements, the defendant is entitled to the benefit.

B) Wilson was charged with involuntary manslaughter in relation to his son Flávio.

However, at the time of the events, Wilson was assisting his other
son, who had been injured in the park located on the other side of the club, reason
for which I could not act to prevent the outcome. Thus, the argument to be
it is alleged that under those circumstances Wilson's omission was not criminally
relevant for the production of the result, according to the provision of article 13, § 2,

paragraph "a" of the Penal Code.

Questão 04

A) The argumentation of the police authority was not correct, since

Article 44 of Law 11.343/2006, in the part that prohibits the granting of
provisional freedom was declared unconstitutional by the Supreme Court
Federal Court, because it violates the principle of the presumption of innocence,
provided for in article 5, item LVII, of the Federal Constitution of 1988, as well as
the principle of due process of law, provided for in Article 5, item LIV,
of the Federal Constitution/88. Furthermore, the foundations are absent
for preventive measures, provided for in Article 312 of the Code of Criminal Procedure,

since the accused is a first-time offender and has a good background,

there is still the possibility, if eventually convicted, to be
considered the practice of privileged trafficking, provided for in article 33, § 4,
from Law 11.343/2006.

B) Yes, in this case, it would be possible to replace the preventive detention with
house arrest, under the terms of Article 318-A of the Code of Criminal Procedure
Criminal and/or Article 318, section IV, of the Code of Criminal Procedure, since
Mariana is pregnant, she did not commit a crime with violence or serious threat.
to the person, nor against their child or dependent. Furthermore, not
was not part of any criminal organization and had never been
involved in illegal practice previously, therefore being a first offender.
Yes, it is possible to replace preventive detention with house arrest.