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

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A vulnerable foreign national is arrested at an international airport acting as a drug courier ('mule' or 'mula') carrying 2 kg of cocaine destined for Europe. She is a first-time offender with good background and no evidence linking her permanently to a criminal faction. How should the Federal Public Defender approach the application of the statutory drug sentencing reduction (Art. 33, § 4º of Lei nº 11.343/2006)?

Argue for the application of the privileged drug trafficking reduction (tráfico privilegiado), as the mere role of a courier ('mule') does not automatically prove integration into a criminal organization without concrete evidence. Request complete dismissal of charges on the grounds that drug couriers are excluded from federal criminal liability due to human trafficking victim status. Accept the mandatory minimum sentence of 5 to 15 years because transnational drug trafficking legally precludes the application of any statutory mitigating factors. Plead that privileged drug trafficking applies only to domestic offenses and cannot be combined with the majorante of internationality under Art. 40, I of Law 11.343/2006.

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