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

Question 1

A federal agent seizes imported consumer electronics valued at R$ 18,500 in unpaid federal import taxes (II and IPI) transported by a low-income driver across the Paraguayan border. Under current jurisprudence of the Brazilian Federal Supreme Court (STF) and Superior Court of Justice (STJ) regarding the crime of descaminho (Art. 334 of the Brazilian Penal Code), how should the Federal Public Defender argue the defense?

Request the application of the Principle of Insignificance (bagatelle), because the unpaid federal tax amount does not exceed the R$ 20,000 threshold established by Ministry of Finance Ordinance No. 75/2012 and STJ Repetitive Theme 157. Argue for mandatory conversion of the criminal prosecution into an administrative customs penalty, since descaminho was completely decriminalized for amounts below R$ 50,000. Pleada mistake of law (erro de direito) under Article 21 of the Penal Code, which automatically extinguishes punishability for all cross-border commercial transport infractions. Claim lack of federal jurisdiction, transferring the proceedings to state courts because the tax value is below the minimum threshold for federal fiscal executions.

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Question 2

An individual without prior criminal convictions is caught carrying 150 packs of foreign cigarettes without Brazilian health inspection seals, with an estimated market value of R$ 750. In light of binding STF and STJ precedents concerning the crime of contraband (Art. 334-A of the Penal Code), which legal thesis governs the application of the Principle of Insignificance?

The Principle of Insignificance is generally inapplicable to contraband, but exceptional jurisprudence admits it when the seized quantity of cigarettes is extremely small (small consumption quantity) without commercial intent. The Principle of Insignificance applies automatically whenever the total value of the seized contraband cigarettes is below the fiscal execution limit of R$ 20,000. Contraband is subject to a mandatory statutory pardon (perdão judicial) by the Federal Public Prosecutor whenever the offender has no prior criminal records. The Principle of Insignificance applies unconditionally to all goods whose internal sale is not prohibited by federal criminal statute.

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Question 3

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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Question 4

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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Question 5

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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Prepare with the Defensor Público Federal DPU Practice Questions - Concurso Público para Defensor Público Federal (DPU) Exam practice quiz. This question bank includes 100 questions covering federal, code, public, article, and brazilian. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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

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

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