PCMG Delegado De Polícia Practice Questions - Concurso PCMG - Delegado De Polícia Substituto (Minas Gerais, Brazil) Exam

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A motor vehicle driver, while traveling at double the statutory speed limit in an urban zone, engages in an illegal street race (racha) and strikes a pedestrian on the sidewalk, causing fatal injuries. In Brazilian criminal doctrine and the consolidated jurisprudence of the Superior Tribunal de Justiça (STJ), how is the driver's subjective state analyzed regarding the homicide?

Culpa consciente, because the agent foresaw the fatal result but sincerely believed their driving expertise would prevent the accident. Dolo eventual, if evidence demonstrates that the driver consciously accepted the risk of the lethal outcome, consenting to its production. Dolo direto de segundo grau, as the death of any bystander on the sidewalk was an inevitable physical certainty of speeding. Culpa imprópria, as the driver acted under an excusable mistaken perception of an underlying factual justification.

Correct Answer:

Dolo eventual, if evidence demonstrates that the driver consciously accepted the risk of the lethal outcome, consenting to its production.

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