PCERJ Delegado de Polícia Practice Questions - Concurso PCERJ - Delegado de Polícia (Rio de Janeiro, Brazil) Exam - PCERJ Delegado de Polícia Practice Questions - Concurso PCERJ - Delegado de Polícia (Rio de Janeiro, Brazil) Exam

Question 1

Under the Brazilian Penal Code (Código Penal - CP) and established jurisprudence of the Brazilian Superior Courts, regarding the principle of legality and the temporal application of criminal law, which of the following statements is correct?

A more severe criminal statute (novatio legis in pejus) applies to continuous or permanent crimes if its enactment occurs prior to the cessation of continuity or permanency. The abolition of a crime (abolitio criminis) extinguishes all civil and administrative effects of a final penal conviction, including the obligation to repair civil damages. Temporary and exceptional criminal laws lose their ultra-active effect once their predetermined period of validity expires or the emergency situation ceases. A retroactively applied favorable criminal statute (lex mitior) cannot modify a criminal sentence that has already acquired the authority of res judicata (trânsito em julgado).

Correct Answer:

A more severe criminal statute (novatio legis in pejus) applies to continuous or permanent crimes if its enactment occurs prior to the cessation of continuity or permanency.

Question 2

In the context of the spatial application of Brazilian criminal law (lugar do crime) and the rules of extraterritoriality under the Penal Code, which of the following is correct?

Brazilian criminal law adopts the Theory of Result (Teoria do Resultado) to determine the place of crime for ordinary offenses committed across territorial borders. A crime committed abroad against the life or liberty of the President of the Federative Republic of Brazil is subject to unconditional extraterritoriality (extraterritorialidade incondicionada). Foreign convictions for crimes committed abroad under conditional extraterritoriality prevent any Brazilian criminal prosecution under the principle of ne bis in idem. Crimes committed aboard private foreign vessels navigating in Brazilian territorial waters remain exclusively subject to the flag state's criminal jurisdiction.

Correct Answer:

A crime committed abroad against the life or liberty of the President of the Federative Republic of Brazil is subject to unconditional extraterritoriality (extraterritorialidade incondicionada).

Question 3

Regarding the causal link (nexo de causalidade) and supervening causes under Article 13 of the Brazilian Penal Code, consider a scenario where an offender shoots a victim with intent to kill, causing moderate non-fatal injuries. While in the ambulance en route to the hospital, the ambulance crashes into a tree due to driver error, and the victim dies instantly from traumatic head injuries sustained solely in the collision. In this case, the shooter is criminally liable for:

Attempted homicide (homicídio tentado), because the supervening relatively independent cause produced the result on its own line of causation. Consummated intentional homicide (homicídio consumado), because the original gunshot was a sine qua non condition of the victim being in the ambulance. Consummated negligent manslaughter (homicídio culposo), due to foreseeable risks of emergency transport. Bodily injury followed by death (lesão corporal seguida de morte), because death resulted from subsequent complications.

Correct Answer:

Attempted homicide (homicídio tentado), because the supervening relatively independent cause produced the result on its own line of causation.

Question 4

In Brazilian criminal doctrine and jurisprudence, the fundamental legal distinction between eventual intent (dolo eventual) and conscious negligence (culpa consciente) resides in the fact that:

In dolo eventual, the agent foresees the illicit result and assumes the risk of producing it (consent theory), whereas in culpa consciente, the agent foresees the result but sincerely believes it will not occur. In dolo eventual, the agent desires the result as their primary purpose, while in culpa consciente, the agent is entirely unaware of any danger. In dolo eventual, the agent acts with gross negligence, whereas in culpa consciente, the agent acts with malice aforethought. In dolo eventual, the result is objectively unforeseeable, whereas in culpa consciente, the result is subjectively anticipated and desired.

Correct Answer:

Question 5

An armed suspect corners a victim in an isolated alley with intent to execute them. Having loaded five rounds into a revolver, the suspect fires one shot, wounding the victim in the shoulder. While still holding four live rounds and with no external intervention, third-party presence, or mechanical malfunction, the suspect experiences a spontaneous change of heart, announces 'I will spare your life,' and walks away. Under Article 15 of the Brazilian Penal Code, this conduct constitutes:

Voluntary abandonment (desistência voluntária), making the agent liable only for the acts already performed (bodily injury). Attempted homicide (homicídio tentado), because the execution phase was already initiated. Effective regret (arrependimento eficaz), because the victim survived the encounter. Post-crime regret (arrependimento posterior), which reduces the penalty for intentional homicide by one to two thirds.

Correct Answer:

Voluntary abandonment (desistência voluntária), making the agent liable only for the acts already performed (bodily injury).

Question 1

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Prepare with the PCERJ Delegado de Polícia Practice Questions - Concurso PCERJ - Delegado de Polícia (Rio de Janeiro, Brazil) Exam practice quiz. This question bank includes 100 questions covering article, brazilian, code, penal, and janeiro. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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PCERJ Delegado de Polícia Practice Questions - Concurso PCERJ - Delegado de Polícia (Rio de Janeiro, Brazil) Exam

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PCERJ Delegado de Polícia Practice Questions - Concurso PCERJ - Delegado de Polícia (Rio de Janeiro, Brazil) Exam

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