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

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A suspect enters a major department store in a Brasília shopping mall, conceals three electronic gadgets inside a coat, and attempts to walk out through the exit doors. The entire movement was monitored in real time by security guards via electronic surveillance cameras and magnetic anti-theft tags. The guards apprehend the suspect on the sidewalk outside. The defense moves for absolute acquittal based on impossible crime (crime impossível - Art. 17 CP). According to the binding jurisprudence of the Superior Court of Justice (STJ Súmula 567), what is the correct legal ruling?

The existence of an electronic surveillance system in a commercial establishment makes theft absolutely impossible, requiring acquittal under Article 17 of the CP. The mere presence of electronic surveillance systems or continuous security monitoring does not per se render theft an impossible crime, permitting conviction for attempted theft. The crime is deemed fully consummated the instant the items were hidden under the coat, regardless of store security or subsequent apprehension. The conduct is an unpunishable preparatory act because the commercial establishment implicitly consented to the risk by operating retail premises.

Correct Answer:

The mere presence of electronic surveillance systems or continuous security monitoring does not per se render theft an impossible crime, permitting conviction for attempted theft.

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