OAB 2 FASE PENAL: Como responder as questões para GABARITAR a prova!

If you want to pass your OAB Exam, take paper, take a pen and write down the formula to answer your discursive questions. But, first of all, as strategy is everything in life, we need to understand how the official OAB panel template works. Know that, basically, the standard answers are made up of two questions: excerpts from the statement and the letter of the Law or Summary.

As a Legal Practice teacher for more than a decade, I can tell you that the formula for passing discursive questions goes through three stages: the first stage concerns preparation before the test; the second, on how to find the correct answer at the time of the test; and the third, and perhaps the most important, because it leads people to have a lot of discounted grades, is the third step, which is how to write the final answer in your test notebook. But let's be honest: it all starts with good preparation. So, I have separated five essential topics so that you can adequately prepare to ace your questions in your OAB Exam.

The first question is to know the banking standard. As in any public exam, and this is no different in the OAB Exam, you need to know who the panel is, what it charges, how it charges and what it wants in terms of an answer. So, knowing the standards of the OAB panel is essential.

You will notice that there are recurring questions in the tests and you will also learn, from the standards, that there are certain answers or certain ways, ways, of answering that are required by the board. So, it is essential that you know how the panel behaves when asking questions and correcting questions, especially because you need to understand that the corrector for your test is one of several and they all receive a standard answer sheet that they must follow at the time. of the correction.

So, the closer you are to the official answer key, the greater the chance of you scoring the entire question. But, teacher, how am I going to know and master the exam standards? Here comes the bodybuilding part, right?

You will have to do simulations of previous tests, preferably timed, so that you have self-knowledge about how long it takes you to answer the discursive questions of the OAB Exam. And, as you progress, you will see that you will be able to answer the questions more quickly, because it is from repetition that perfection comes. The second essential issue for your preparation for the OAB Exam is to master your Vade Mecum.

When I talk about mastering Vade Mecum, it's not about reading it from start to finish, memorizing the chapters, nothing like that. But you need to know how to handle the Vade Mecum. Above all, you need to understand how the Vade Mecum index works, because it is what will help you locate all the answers during your test.

Just as you must schedule and prepare your Vade Mecum in accordance with what is permitted by the notice, to make your life easier on the day of the test. The third fundamental stage of your preparation is to master the fundamental concepts of Criminal Law and Criminal Procedure in your second phase of the OAB. It is not possible for you to take the OAB test in Criminal Law, for example, without mastering the concept of crime as a typical, anti-legal and culpable action.

It is not possible for you to arrive for the OAB Exam without having a minimum understanding of the procedure, having an idea of ​​the flowchart, how it starts and how it ends. Otherwise, you will not even locate the procedural moment of your criminal case. For this type of review, check out the materials here on my channel, ok, guys?

Another fundamental point in your preparation is to work on time management for your exam, because after you've learned how to answer the questions — and I'll show you this later — basically, the Bar Exam will be about being able to answer within the time. And you will only be able to learn how to manage your exam time if you have self-knowledge, you know how long it takes to solve the questions. And with practice, you will be able to master answering questions in less time.

And if you complete all these previous steps, which are: knowing the board's standard, mastering your Vade Mecum, being aware of the fundamental concepts and having an idea of ​​how much time you have, you will be building self-confidence. And this is tremendously important on the day of your test, because, with self-confidence, you will arrive at the test knowing: “I can pass, I know how to ace the test, I just need to calm down, take a deep breath and do everything I want. I trained at home.

” Now that we've gone through this entire preparation strategy for your test, the time has come for me to tell you how to find the correct answers based on your test question. At this point, we have to be very pragmatic. The OAB's biggest challenge is to respond to everything within time, so time is very valuable.

When you analyze a discursive question, you will always, always, start reading the questions and never the entire case that comes above. In other words, you first go downstairs, locate the question and read it very carefully. And you will ask yourself: "What exactly does the bank want in alternative A?

What exactly does the bank want in alternative B? " You need to truly understand what the question is asking. Ah, teacher, but you are saying something very obvious, everyone reads the questions.

Attention! Yes, everyone reads the questions, but many, many, do not read the question carefully . The OAB questions are very closed, they are very objective.

The question asks, for example, what is a preliminary thesis that you can use in your client's defense. Well, if the question is about preliminary thesis, they want to know the preliminary thesis. So, it is a question of nullity, it is a procedural question.

You will never respond to a thesis of merit. If the question says “What is the constitutional principle that is applicable? ”, then, obviously, your answer must include the name of the constitutional principle.

And you would be scared by how many students answer a lot of things, but don't return to the keyword that appears in the question itself. And then, they receive many discounts on their correction. So, let's go.

After you understand what exactly the question wants — and remember that question A is one and question B is another, and you will answer A separately from B — after you really understand, you have assimilated what the panel wants of you, then you will read the criminal case, already trying to locate and underline within the criminal case the keywords, the legal provisions and all the relevant information so that you can answer the questions that you already understood. Remembering that the official template is usually an excerpt from the statement and a legal provision or Summary. The first issue you have to investigate in your criminal case is to understand all the legal provisions mentioned.

So, if you cite a certain law, an article, an item, a paragraph, you go to your Vade Mecum, you will locate this legal provision and you will read it. Generally, from there, you can already find the answer to your question. Professor, I couldn't find the answer by reading the legal provision mentioned in the statement.

Okay, so let's move on to the next step. What keywords are in your criminal case? Is it a preliminary thesis?

Is it a resource? Is it a sentence? Is it a decision?

Is it a response to the accusation? Anyway, go to your Vade Mecum, go to the index and locate the keywords that are correlated to your criminal case. So, if there was a question about a preliminary thesis, it could certainly be a nullity.

You can go to the index, find “nullities”, go to the article that deals with nullities and see if the answer is not in the article that deals with nullities. In other words, you will always find the answers based on this strategy: understand the questions (question A separated from question B), after understanding the questions, you go to the criminal case, underline all the legal provisions, read the legal provisions , understand the keywords, and then you will do the research and you will solve your test from Vade Mecum, specifically from the Vade Mecum index. That is why, in the preparation stage, it is so essential that you learn how to use the Vade Mecum and master the index.

And when doing your simulations, check if any remissions are not included in the Vade Mecum of the publisher you purchased, because it is possible for you to make remissions manually within your Vade Mecum, according to what the notice allows. So, in this preparation stage, using and knowing your Vade Mecum, you will be able to add the important references that you notice are missing, based on the previous tests that you have already solved. After you have located the answers to the questions, comes the most important moment of your test, which is how to put these answers on paper, how to actually answer these questions.

And here, keep in mind: you are writing the answer for a broker. Anything you can do to make the broker's life easier and for him to see your test, compare it with the correction mirror and be able to give an “ok” on the checklist of topics that are in the official answer sheet, the better for you! Therefore, it is essential that you provide objective answers.

Above all, in the order and within the limits of the statement of alternatives A and B. You will first answer A. Only then will you provide the answer to question B.

And remember that the questions are very limited to make the broker's life easier and not have too much discretion at the time of correction This means that if question A asked about a preliminary thesis, you will answer about the preliminary thesis. Point! If question B asked about the merit thesis, in question B you will state the merit thesis.

Point! Nothing more, nothing less. It's not about wanting to demonstrate vast knowledge or "stuffing sausages".

It is not a college essay test . You will answer objectively within what was actually asked. And be careful: without inventing data or facts that are not contained in the statement.

If the statement says nothing more, you cannot interpret facts that are not there. Another fundamental topic we need to talk about here is legal foundation. It is necessary that, in your answer, you explicitly name the legal concept discussed in your answer.

I've seen many students respond like this: "Ah, the guy had no intention, that's why that issue is not a crime, and the conduct is not typical. " The person said "intention", "intention", but the word intent person did not mention. So, see: if there is a legal concept, such as intent, self-defense, typographical error, prohibition error, principle of presumption of innocence, principle of full defense, the nullity of the prohibition of illicit evidence , you need to explicitly cite the name of the concept and do not describe it, forgetting to include the technical name of that concept in your answer.

Also remember that, sometimes, the question itself explicitly asks you for the concept . , “Talk about the Treaty. .

. ”, “Talk about the merit thesis”, “Talk about the procedural thesis”. So, this keyword, if it appears in your question, it obviously needs to appear in your answer.

Also remember that the official answer sheet contains excerpts from the statement and letter of the Law or Summary. So, in your legal justification, you can and should cite ipsis literis, that is, exactly the legal term that appears in the Law. Place in quotation marks and place the article number, paragraph, section and the name of the law in parentheses.

You will not forget the name of the CPP, Law no. , etc. I say this because many students get confused thinking that it is forbidden to explicitly quote the letter of the Law in their answers.

Quite the contrary, the broker will take the letter of the Law as his official template. So the closer you have it, the better for you. What doesn't score is you just copying the letter of the Law without providing a legal basis around that quote.

But the broker does, he expects you to literally quote the letter of the Law in your answer. And sometimes, you see students who want to paraphrase, describe with other words, if the corrector did not identify a correspondence with the official answer sheet, despite you describing what the Law says, and he does not score your answer. As I just said, it is important that you cite the complete legal provision: article, section, paragraph, name of the Code, number of the Law.

This applies to the legal provision of the article, applies to the Summary, applies to the Constitution, applies to the treaty. Always cite the full provision because, if you put the right article but forget to cite the section, you don't score. Just like, if you put the correct article and section, but forget to say that it is from the CPP or CP, you also don't score.

And all you can't do in the Bar Exam is lose tenths of the correction unnecessarily. Now, how to write an objective response with adequate legal justification? The key is to write an answer with a logical structure.

And I always tell my students to apply the logical syllogism in their legal arguments. What would that be? See: we are going to work on a larger premise, which is the law; then a minor premise, which is the fact of your criminal case; to then reach the synthesis or conclusion, which is the legal consequence that applies to your criminal case.

So, I'll give you an example: Let's say you have a situation where someone is caught, ok? And the act was illegal. How will you write your response?

You will start with the biggest premise, which is law. So you will write: "According to the Penal Code, article such and such, arrest in the act is illegal if this, this and that happens. " Then, you go to the minor premise: "In the present case, So-and-so was arrested in such and such conditions", to show how it was different from what the Law says.

Then, you go to the synthesis: "So, for all the above, his arrest in the act was illegal and must be immediately relaxed based on article such, item such, of Law such. " And remember that it is important to close with the legal consequence. Because, many times, I see the student saying everything correctly, but he doesn't finish.

I ask: "Okay, so what? You said that the law says this, that this was the fact. Okay, but what is the legal consequence?

" You need to explicitly say: "Prison is illegal and should be relaxed" or "He did not commit a crime, he should be acquitted" and so on. Another issue we need to work on here is that you have You have to be careful, when writing the answer, not to run the risk of being accused of identifying yourself in the test notebook. Therefore, you cannot use erasures, you cannot highlight in another color or underline.

You can never invent data. , names, addresses or things that are not in the statement, because this could be interpreted by your corrector as a way of identifying the candidate in the test. Also remember that the handwriting of your answer must be legible.

he can't score your answer. So, it's important that, in your simulations, you also try to improve your handwriting.