Understanding Crimes Against Public Administration
1) The crime typified in Article 328 of the CP, judge the items below.
a. **Tem** objectivity as legal protection to public administration, the particular aspect of functional exercise for people not invested in offices or public functions. Correctness
b. The active subject can be any person, including a public official who performs a function that is not their task. Correctness
c. Typical conduct: usurp, seize, take, snatch improperly. Correctness
d. The agent needs to perform their own act of the craft. Wrong
e. The crime in question is committed by a person who pretends to be a civilian police officer to gain free access to movies. Wrong.
f. The crime is consummated when the agent assigns themselves the status of a civil servant. Wrong.
g. If the subject claims to hold a certain function, they will incur, in theory, a contravention of Article 45 of Decree 3.688/41. One
h. Obtaining advantage is not so qualified. Wrong.
2) The crime of resistance, Article 329 of the CP, judge the items below.
a. **Tem** how well protected the legal authority and prestige of public service. Correct.
b. The subject can be anyone, even one whom the act of authority is not intended directly. Correct.
c. A public official who suffers resistance, or who assists, is an active secondary. Wrong. It’s taxable subsidiary.
d. The act of resisting, opposing the implementation of the lawful act must be committed with violence or threat, major or not, written or oral. Correctness
e. It constitutes a crime, even if the employee’s act is illegal. Wrong.
f. The crime will occur if the agent seeks to rid themselves of illegal detention. Correct.
g. The crime is consummated at the moment the employee ceases to perform the act because of the resistance. Wrong. Crime is formally consummated as soon as the agent practices violence or serious threat.
h. The crime occurs when the offender takes advantage of the distraction of the military police to escape arrest. Wrong – there’s no violence or threat.
i. If violence results in aggravation, the agent is also responsible for this crime. Correct.
j. If due to difficulty, the public official fails to perform the act, they complain in a qualified way. Correct.
k. Despite the difficulty in finding, it is accepted, in theory, as an attempt. Correct. The attempt in the case of formal crime will only be possible where the threat is given in writing, intercepted before reaching the knowledge of the public officer entrusted with the task or their assistant, but will never be possible in the case of violence, because the act of trying to practice physical violence has set the offense, which is formal.
3) The crime of disobedience, declare the following items.
a. **Tem** objectivity as legal compliance with legal regulations issued by the government. Correct.
b. It is a common crime. Correct.
c. A public official who receives a court order and violates it commits the crime of disobedience. Depending on the situation, it can occur for the crime of malfeasance or disobedience.
d. **Desobedecer** means to disobey, disregard. Correct.
e. The merchant who sells liquor on election day, failing to comply with legal public authority, commits the crime in question. Correct if no penalty in the Electoral Law
f. There will be a crime even if the order is illegal. Wrong. The order must be legal.
g. A driver who does not obey the order of arrest issued by a traffic agent commits the crime. Right? That depends on whether there is a penalty. A traffic ticket, for example, takes away the crime. So it’s no crime.
h. It is consummated with the disobedient act or omission; the order may require characteristics to do or not do. Correct.
i. If the order sets a deadline for doing or refraining from something, it is consummated with the end of this term. Correct.
j. It is not permitted in any way, shape, or attempt. Wrong.
4) The crime of contempt of court, judge the following items.
a. **Legal** objectivity is the dignity and decorum due to public servants. Correct.
b. A public official does not commit the crime of contempt because it is a crime committed by an individual. Wrong.
c. According to the majority doctrine, public officials who defy another employee, even of the same hierarchy, commit the crime of contempt. Correct.
d. **Desacatar** means disrespect, discredit, insult, humiliate the government official in exercising. Correctness
e. An employee that is outside of their function may be ignored. Correct if by function.
f. It can be done through gestures, words, shouts, blows, threats, etc. Correct.
g. The agent must have a clear intention of offending the public servant. Correct.
h. The lawyer who asked for the OAB portfolio from the judge asking for revenge also shows the portfolio of the practical magistrate commits the crime of contempt. Correctness considering that there was prestige?
i. It is a material crime in which the consummation depends on the employee feeling really offended. Wrong. Crime is formal.
j. A public employee outside their function but verbally assaulted because of it will be the victim of contempt. Correctness
k. The agent must know the status of the civil servant of the person they offend. Correct.
l. An error regarding the quality of a public official can exclude the fraud. Correct.
m. According to case law, an agent who is drunk does not commit the crime, for lack of guile. Correct.
5) The crime of trafficking in influence, judge the following.
a. It protects the prestige of public administration. Correct.
b. It is a common crime. Correct.
c. A person who promises to deliver a benefit to the agent will be secondary liable. Wrong
d. It is a crime of action or multiple content varied. Correct, the typical actions are: ask, require, collect, or obtain.
e. A typical action, consistent charge is equivalent to the act of requesting payment. Correctness
f. The expression under the pretext of influence … denotes a form of fraud, in order to take advantage of others. Correct.
g. There is no crime if the employee is fictitious. Wrong – formal crime
h. It is a crime particularly in relation to embezzlement (art. 171 PC). Correct
i. The crime always requires Section 332 for its consummation, to obtain advantage. Wrong. This is a formal crime.
j. It is essential that the advantage is improper. Wrong; it may be an advantage.
k. An attempt is admissible. Wrong.
l. For criminal purposes, it is immaterial whether the agent suggests that the advantage is also for staff. Wrong. Suggesting itself is special because of increased punishment.
6) The crime of bribery, judge the following.
a. It aims to protect the prestige and the normal functioning of public administration. Correctness
b. A public official, even if not in exercising, cannot be an active agent. Wrong
c. The nuclear verbs are offered or promised undue advantage to a public official. Correctness
d. The subjective element is particularly wanting to determine the public officer to perform any official act. One
e. If the employee is required to perform the act, there is no crime.
f. Arrested in flagrant offering money to police officers to deliver him from prison commits bribery. One
g. There is no crime if the advantage is offered to the public employee after the completion of the functional act. One
h. Offering advantage to the police chief to delay criminal investigations configures bribery. One
i. A lawyer offering money to a member of the jury sentencing council to vote in favor of his client practices active corruption. One
j. There will only be a crime if the benefit is offered to the employee who has the duty of office to perform the act. One
k. It is consummated at the time the employee becomes aware of the offer or promise. One
l. It can be attempted if it is done through writing. One
m. In criminal aspects, it does not matter if the agent ceases to practice or practices any official act by virtue of the offer or promise of benefit. One