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

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An ex-husband, refusing to accept the end of his marriage, ambushes and murders his former wife in her residence. In Brazilian criminal law (Article 121, § 2º, VI and § 2º-A of the CP), the qualifying circumstance of feminicídio is characterized as which type of element according to prevailing STJ jurisprudence?

An objective qualifying circumstance (qualificadora objetiva), characterized by domestic/familial violence or contempt/discrimination against the female condition. A purely subjective qualifying circumstance, which legally precludes concurrence with motives such as fútil or torpe. A personal aggravating circumstance that cannot be communicated to co-authors or accomplices under any circumstances. A special cause of penalty increase (majorante) applied only at the third phase of the dosimetria da pena.

Correct Answer:

An objective qualifying circumstance (qualificadora objetiva), characterized by domestic/familial violence or contempt/discrimination against the female condition.

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