Defensor Público Federal DPU Practice Questions - Concurso Público Para Defensor Público Federal (DPU) Exam

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A small business owner facing severe financial distress fails to pass on social security contributions withheld from employees' salaries to the National Social Security Institute (INSS) over a period of 6 months. In defending the accused against charges of apropriação indébita previdenciária (Art. 168-A of the Penal Code), which exculpatory defense should the Federal Public Defender develop?

Inexigibility of diverse conduct (inexigibilidade de conduta diversa) as an exclusion of culpability, supported by proof of severe financial crisis where paying salaries took precedence over tax remittances to preserve jobs. Exclusion of illicit act (excludente de ilicitude) based on state of necessity for the commercial legal entity itself. Principle of insignificance, which automatically applies to all social security contribution withholdings below R$ 100,000. Extinction of typicality based on the employer's civil right of retention over employee wages.

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