Promotor De Justiça MPDFT Practice Questions - Concurso Público Para Promotor De Justiça Adjunto (MPDFT) Exam

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A perpetrator breaks into an administrative office in Brasília with the intent to steal expensive computer servers. After disconnecting two servers and placing them into transport bags, but before exiting the building, he suffers a moral epiphany, unpacks the equipment, places the servers back onto the racks undamaged, and leaves empty-handed. Under Article 15 of the Brazilian Penal Code (Código Penal - CP), how must the Public Prosecutor (Promotor de Justiça) classify this conduct?

Attempted aggravated theft (tentativa de furto qualificado), because the executive acts were interrupted after the commencement of execution. Voluntary abandonment (desistência voluntária), making the agent liable only for any preparatory acts that independently constitute punishable offenses such as trespassing. Subsequent repentance (arrependimento posterior), which mandatory reduces the ordinary statutory penalty by one to two thirds at sentencing. Effective repentance (arrependimento eficaz), because the agent prevented the consummation of the material result after having exhausted all executive acts.

Correct Answer:

Voluntary abandonment (desistência voluntária), making the agent liable only for any preparatory acts that independently constitute punishable offenses such as trespassing.

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