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

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A member of an isolated traditional ribeirinho (riverside) community in the Amazon basin catches fish using traditional nets during the piracema (spawning closed season) strictly to feed his starving family. In defending him against charges under Art. 34 of the Environmental Crimes Law (Lei nº 9.605/1998), which dual defensive theses are most appropriate under Brazilian criminal law?

State of necessity (Art. 24 CP / Art. 37, I of Lei 9.605/1998) to quench hunger, and unavoidable mistake of prohibition (erro de proibição escusável, Art. 21 CP) due to cultural isolation. Statutory immunity under diplomatic asylum rules and exclusion of criminal typicality under commercial maritime customs. Strict liability of the federal environmental agency (IBAMA) for failing to provide food subsidies, eliminating objective typicality. Extinction of punishability through retroactive environmental licensing by the municipal forestry secretary.

Correct Answer:

State of necessity (Art. 24 CP / Art. 37, I of Lei 9.605/1998) to quench hunger, and unavoidable mistake of prohibition (erro de proibição escusável, Art. 21 CP) due to cultural isolation.

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