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

Question 1

A motor vehicle driver, while traveling at double the statutory speed limit in an urban zone, engages in an illegal street race (racha) and strikes a pedestrian on the sidewalk, causing fatal injuries. In Brazilian criminal doctrine and the consolidated jurisprudence of the Superior Tribunal de Justiça (STJ), how is the driver's subjective state analyzed regarding the homicide?

Culpa consciente, because the agent foresaw the fatal result but sincerely believed their driving expertise would prevent the accident. Dolo eventual, if evidence demonstrates that the driver consciously accepted the risk of the lethal outcome, consenting to its production. Dolo direto de segundo grau, as the death of any bystander on the sidewalk was an inevitable physical certainty of speeding. Culpa imprópria, as the driver acted under an excusable mistaken perception of an underlying factual justification.

Correct Answer:

Dolo eventual, if evidence demonstrates that the driver consciously accepted the risk of the lethal outcome, consenting to its production.

Question 2

During an attempted theft, an agent initiates the execution of breaking into a commercial warehouse with specialized tools. However, after picking the first lock and without any external interference or police intervention, the agent voluntarily abandons the enterprise and leaves the scene. Under Article 15 of the Brazilian Penal Code, what legal institute applies?

Desistência voluntária, whereby the agent answers solely for the acts already performed that constitute independent offenses. Arrependimento eficaz, which completely extinguishes all criminal liability including damage already caused. Tentativa impunível, because the iter criminis was interrupted before entering the core of the primary statutory verb. Arrependimento posterior, which grants an obligatory reduction of the penalty by one to two thirds.

Correct Answer:

Desistência voluntária, whereby the agent answers solely for the acts already performed that constitute independent offenses.

Question 3

Under the functional domain of the act theory (teoria do domínio do fato), formulated by Claus Roxin and extensively adopted in Brazilian criminal jurisprudence, how is the distinction between a co-author (coautor) and an accomplice (partícipe) established?

Co-authorship requires the physical execution of the core statutory verb (núcleo do tipo), whereas participation involves any non-physical moral instigation. Co-authorship is restricted exclusively to the intellectual mastermind who directs the organization from a distance without executing physical acts. A co-author performs a functional and essential contribution to the common criminal plan, exercising joint control over the decision and execution. Participation is characterized by equal decision-making power over the consummation of the offense, sharing the same penalty as the direct perpetrator.

Correct Answer:

A co-author performs a functional and essential contribution to the common criminal plan, exercising joint control over the decision and execution.

Question 4

A hunter in a dense rural forest fires a rifle at what they mistakenly believe to be a wild boar moving in the brush, but the shot strikes and kills another human hunter. Under Articles 20 and 21 of the Brazilian Penal Code, how is this legal mistake classified and what are its penal consequences?

Erro de proibição direto, which excludes culpability if unavoidable, but leaves typicality intact. Erro de tipo permissivo, which removes the antijuridicity of the conduct as a legitimate self-defense. Aberratio ictus (desvio no golpe), which treats the act as a crime committed against the originally intended animal target. Erro de tipo essencial, which excludes dolo in all cases, but allows conviction for involuntary manslaughter (homicídio culposo) if the mistake was avoidable (inescusável).

Correct Answer:

Erro de tipo essencial, which excludes dolo in all cases, but allows conviction for involuntary manslaughter (homicídio culposo) if the mistake was avoidable (inescusável).

Question 5

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.

Question 1

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

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

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