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

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During a nighttime argument inside a residential condominium in Águas Claras (DF), an aggressor charges at a resident brandishing a sharp kitchen knife. The resident draws a lawfully registered firearm and fires a single non-lethal shot into the aggressor's leg, neutralizing the attack. However, while the aggressor lies disarmed and immobilized on the ground begging for mercy, the resident walks up and fires two lethal shots into the aggressor's chest. Under the Brazilian Penal Code, what is the criminal liability of the shooter?

Full justification under legitimate self-defense (legítima defesa real), because the initial confrontation was provoked exclusively by the knife-wielding aggressor. Intentional excess (excesso doloso) in self-defense under Article 23, single paragraph of the CP, rendering the shooter fully liable for intentional homicide. Excusable putative self-defense (legítima defesa putativa escusável), totally exempting the shooter from punishment under Article 20, §1º of the CP. Culpable excess (excesso culposo), permitting conviction solely for involuntary manslaughter (homicídio culposo).

Correct Answer:

Intentional excess (excesso doloso) in self-defense under Article 23, single paragraph of the CP, rendering the shooter fully liable for intentional homicide.

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