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

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In calculating the sentence of a defendant convicted of aggravated robbery in Ceilândia (DF), the sentencing judge increases the base penalty (pena-base) in the first phase of the three-phase methodology (Art. 59 CP) citing three ongoing police investigations (inquéritos policiais) and two pending criminal actions without final unappealable convictions (ações penais em andamento). According to STJ Súmula 444 and STF Tema 129, is this judicial aggravation lawful?

Yes, because ongoing investigations and non-final criminal actions demonstrate negative personality traits and habitual criminal conduct under Article 59 of the CP. No, because ongoing police inquiries and pending criminal lawsuits without a final conviction cannot be used to aggravate the base penalty as bad antecedents. Yes, provided the pending criminal lawsuits involve crimes of the same statutory species and were accompanied by formal indictments (denúncias recebidas). No, but the judge may legitimately use those pending inquiries in the second phase as aggravating circumstances under Article 61 of the CP.

Correct Answer:

No, because ongoing police inquiries and pending criminal lawsuits without a final conviction cannot be used to aggravate the base penalty as bad antecedents.

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