Promotor de Justiça MPDFT Practice Questions - Concurso Público para Promotor de Justiça Adjunto (MPDFT) Exam - Promotor de Justiça MPDFT Practice Questions - Concurso Público para Promotor de Justiça Adjunto (MPDFT) Exam

Question 1

A perpetrator breaks into an administrative office in Brasília with the intent to steal expensive computer servers. After disconnecting two servers and placing them into transport bags, but before exiting the building, he suffers a moral epiphany, unpacks the equipment, places the servers back onto the racks undamaged, and leaves empty-handed. Under Article 15 of the Brazilian Penal Code (Código Penal - CP), how must the Public Prosecutor (Promotor de Justiça) classify this conduct?

Attempted aggravated theft (tentativa de furto qualificado), because the executive acts were interrupted after the commencement of execution. Voluntary abandonment (desistência voluntária), making the agent liable only for any preparatory acts that independently constitute punishable offenses such as trespassing. Subsequent repentance (arrependimento posterior), which mandatory reduces the ordinary statutory penalty by one to two thirds at sentencing. Effective repentance (arrependimento eficaz), because the agent prevented the consummation of the material result after having exhausted all executive acts.

Correct Answer:

Voluntary abandonment (desistência voluntária), making the agent liable only for any preparatory acts that independently constitute punishable offenses such as trespassing.

Question 2

During a nighttime argument inside a residential condominium in Águas Claras (DF), an aggressor charges at a resident brandishing a sharp kitchen knife. The resident draws a lawfully registered firearm and fires a single non-lethal shot into the aggressor's leg, neutralizing the attack. However, while the aggressor lies disarmed and immobilized on the ground begging for mercy, the resident walks up and fires two lethal shots into the aggressor's chest. Under the Brazilian Penal Code, what is the criminal liability of the shooter?

Full justification under legitimate self-defense (legítima defesa real), because the initial confrontation was provoked exclusively by the knife-wielding aggressor. Intentional excess (excesso doloso) in self-defense under Article 23, single paragraph of the CP, rendering the shooter fully liable for intentional homicide. Excusable putative self-defense (legítima defesa putativa escusável), totally exempting the shooter from punishment under Article 20, §1º of the CP. Culpable excess (excesso culposo), permitting conviction solely for involuntary manslaughter (homicídio culposo).

Correct Answer:

Intentional excess (excesso doloso) in self-defense under Article 23, single paragraph of the CP, rendering the shooter fully liable for intentional homicide.

Question 3

A suspect enters a major department store in a Brasília shopping mall, conceals three electronic gadgets inside a coat, and attempts to walk out through the exit doors. The entire movement was monitored in real time by security guards via electronic surveillance cameras and magnetic anti-theft tags. The guards apprehend the suspect on the sidewalk outside. The defense moves for absolute acquittal based on impossible crime (crime impossível - Art. 17 CP). According to the binding jurisprudence of the Superior Court of Justice (STJ Súmula 567), what is the correct legal ruling?

The existence of an electronic surveillance system in a commercial establishment makes theft absolutely impossible, requiring acquittal under Article 17 of the CP. The mere presence of electronic surveillance systems or continuous security monitoring does not per se render theft an impossible crime, permitting conviction for attempted theft. The crime is deemed fully consummated the instant the items were hidden under the coat, regardless of store security or subsequent apprehension. The conduct is an unpunishable preparatory act because the commercial establishment implicitly consented to the risk by operating retail premises.

Correct Answer:

The mere presence of electronic surveillance systems or continuous security monitoring does not per se render theft an impossible crime, permitting conviction for attempted theft.

Question 4

In calculating the sentence of a defendant convicted of aggravated robbery in Ceilândia (DF), the sentencing judge increases the base penalty (pena-base) in the first phase of the three-phase methodology (Art. 59 CP) citing three ongoing police investigations (inquéritos policiais) and two pending criminal actions without final unappealable convictions (ações penais em andamento). According to STJ Súmula 444 and STF Tema 129, is this judicial aggravation lawful?

Yes, because ongoing investigations and non-final criminal actions demonstrate negative personality traits and habitual criminal conduct under Article 59 of the CP. No, because ongoing police inquiries and pending criminal lawsuits without a final conviction cannot be used to aggravate the base penalty as bad antecedents. Yes, provided the pending criminal lawsuits involve crimes of the same statutory species and were accompanied by formal indictments (denúncias recebidas). No, but the judge may legitimately use those pending inquiries in the second phase as aggravating circumstances under Article 61 of the CP.

Correct Answer:

No, because ongoing police inquiries and pending criminal lawsuits without a final conviction cannot be used to aggravate the base penalty as bad antecedents.

Question 5

A bank teller in Taguatinga (DF), driven by a single criminal scheme to embezzle funds over a three-month period, executes six distinct acts of fraudulent fund diversion on the 10th and 25th days of each month, using identical computer manipulation techniques and misappropriating R$ 15,000 each time. Under Article 71 of the Brazilian Penal Code, how must the sentencing court structure the punishment for these offenses?

Apply the material concurrence rule (concurso material - Art. 69 CP), adding the penalties for all six distinct crimes together cumulatively. Apply the continued crime rule (crime continuado comum - Art. 71, caput CP), applying the penalty of one single offense increased by one-sixth to two-thirds. Apply formal concurrence (concurso formal impróprio - Art. 70 CP), applying the cumulative total because the agent possessed autonomous designs. Treat the six acts as a single habit-based crime (crime habitual), prosecuting only the final completed diversion of funds.

Correct Answer:

Apply the continued crime rule (crime continuado comum - Art. 71, caput CP), applying the penalty of one single offense increased by one-sixth to two-thirds.

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Prepare with the Promotor de Justiça MPDFT Practice Questions - Concurso Público para Promotor de Justiça Adjunto (MPDFT) Exam practice quiz. This question bank includes 100 questions covering bras, civil, article, code, and court. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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Promotor de Justiça MPDFT Practice Questions - Concurso Público para Promotor de Justiça Adjunto (MPDFT) Exam

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Promotor de Justiça MPDFT Practice Questions - Concurso Público para Promotor de Justiça Adjunto (MPDFT) Exam

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