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100+ Free Defensor Público Federal DPU Practice Questions

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Sample Defensor Público Federal DPU Practice Questions

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1A 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?
A.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.
B.Argue for mandatory conversion of the criminal prosecution into an administrative customs penalty, since descaminho was completely decriminalized for amounts below R$ 50,000.
C.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.
D.Claim lack of federal jurisdiction, transferring the proceedings to state courts because the tax value is below the minimum threshold for federal fiscal executions.
Explanation: According to consolidated STF and STJ jurisprudence (Tema 157/STJ and STF HC 120.617), the principle of insignificance (bagatelle) applies to the crime of descaminho (Art. 334, CP) when the total evaded federal taxes (II and IPI) do not exceed R$ 20,000.00, which is the statutory threshold for the Federal Revenue (Fazenda Nacional) to file fiscal executions pursuant to Portaria MF nº 75/2012 and Lei 10.522/2002. Application of the principle excludes material typicality (tipicidade material), barring criminal prosecution.
2An 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?
A.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.
B.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.
C.Contraband is subject to a mandatory statutory pardon (perdão judicial) by the Federal Public Prosecutor whenever the offender has no prior criminal records.
D.The Principle of Insignificance applies unconditionally to all goods whose internal sale is not prohibited by federal criminal statute.
Explanation: As established by STJ (Tema 1143 and EREsp 1.709.029) and STF jurisprudence, the principle of insignificance is generally inapplicable to contraband (Art. 334-A, CP) because it protects public health, administrative control, and domestic industrial safety, rather than purely fiscal interests. However, exceptional application of bagatelle is accepted when the quantity of seized cigarettes is negligible (e.g., up to 1,000 packs or small amounts for strictly personal consumption without commercial scale).
3A 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)?
A.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.
B.Request complete dismissal of charges on the grounds that drug couriers are excluded from federal criminal liability due to human trafficking victim status.
C.Accept the mandatory minimum sentence of 5 to 15 years because transnational drug trafficking legally precludes the application of any statutory mitigating factors.
D.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.
Explanation: The STF (HC 124.107) and STJ (HC 387.077 and Tema 1020) have firmly established that acting as a drug courier ('mule') does not, by itself, justify the conclusion that the agent belongs to or integrates a criminal organization. If the defendant is a primary offender with a clean record and there is no independent proof of permanent factional ties, the minorante of privileged drug trafficking (Art. 33, § 4º of Lei nº 11.343/2006) must be applied, which can be cumulated with the transnational increase (Art. 40, I).
4A 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?
A.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.
B.Exclusion of illicit act (excludente de ilicitude) based on state of necessity for the commercial legal entity itself.
C.Principle of insignificance, which automatically applies to all social security contribution withholdings below R$ 100,000.
D.Extinction of typicality based on the employer's civil right of retention over employee wages.
Explanation: In crimes of apropriação indébita previdenciária (Art. 168-A, CP), consolidated STJ jurisprudence admits the supra-legal exculpatory cause of inexigibilidade de conduta diversa (exclusion of culpability). To succeed, the defense must present documentary evidence of severe, insurmountable financial crisis (e.g., bankruptcy filings, insolvency, proof that available funds were strictly used to pay basic payroll and preserve business survival).
5A 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?
A.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.
B.Statutory immunity under diplomatic asylum rules and exclusion of criminal typicality under commercial maritime customs.
C.Strict liability of the federal environmental agency (IBAMA) for failing to provide food subsidies, eliminating objective typicality.
D.Extinction of punishability through retroactive environmental licensing by the municipal forestry secretary.
Explanation: Under Art. 37, I of Lei nº 9.605/1998, slaughtering or capturing wildlife/fish in a state of necessity to satiate the hunger of the agent or his family is expressly non-punishable (excluding illicitness). Furthermore, traditional riverside dwellers who genuinely lack cultural access to federal regulatory bans may invoke erro de proibição invencível (Art. 21 CP), which completely excludes culpability.
6A defendant is prosecuted before the Federal Justice for the crime of counterfeit currency (Art. 289, § 1º of the Penal Code) after attempting to purchase groceries using a crudely printed R$ 100 banknote on regular printer paper with uneven edges. Under STJ Súmula 73, what is the jurisdictional and criminal consequence of this gross forgery?
A.A gross forgery incapable of deceiving an ordinary person does not constitute the federal crime of moeda falsa, but may configure estelionato under the jurisdiction of the State Justice.
B.The offense remains a federal crime of moeda falsa, but the federal judge must apply the statutory penalty reduction for attempted crime.
C.The conduct is an absolute non-punishable impossible crime (crime impossível) before both Federal and State courts, precluding any prosecution.
D.Federal jurisdiction is maintained, but the judge must convert the criminal action into an administrative fine administered by the Central Bank of Brazil.
Explanation: STJ Súmula 73 explicitly states: 'A falsificação grosseira de moeda configura o crime de estelionato, de competência da Justiça Estadual, e não o crime de moeda falsa, de competência da Justiça Federal.' If the banknote cannot deceive a person of average prudence, the protected legal interest of public faith in federal currency is not undermined, removing federal jurisdiction.
7Regarding the crime of reducing a person to a condition analogous to slavery (Art. 149 of the Brazilian Penal Code), what has the STF determined regarding its constitutional jurisdiction and constituent elements?
A.It falls under Federal Court jurisdiction (Art. 109, VI CF/88) because it violates fundamental human rights and labor organization, and does not require physical restriction of liberty if degrading conditions or exhausting workdays exist.
B.It requires proof of physical chains or armed guards restricting freedom of movement, and falls exclusively under State Court jurisdiction.
C.It is a crime against humanity that can only be prosecuted before the International Criminal Court (ICC) in The Hague.
D.It requires proof of unpaid wages exceeding R$ 50,000 and falls under the exclusive jurisdiction of the Federal Labor Courts (Justiça do Trabalho).
Explanation: In RE 541.627 and RE 398.041, the STF affirmed that the crime under Art. 149 CP violates the fundamental organization of labor and basic human rights, placing it squarely under Federal Court jurisdiction (Art. 109, VI, CF/88). Furthermore, the offense is formal and alternative: physical incarceration is not required; submitting workers to degrading conditions or exhausting workdays suffices.
8In the crime of peculato culposo (Art. 312, § 2º of the Brazilian Penal Code), what is the exact legal consequence if the public servant voluntarily repairs the damage before a final and unappealable criminal sentence (trânsito em julgado)?
A.Voluntary reparation of damage prior to final judgment extinguishes punishability (extingue a punibilidade) under Art. 312, § 3º of the Penal Code.
B.Voluntary reparation of damage only reduces the imposed sentence by one-third to two-thirds as an ordinary mitigating factor.
C.Voluntary reparation of damage converts the criminal sanction into an administrative fine without affecting punishability.
D.Voluntary reparation has no legal effect unless accepted in writing by the Federal Public Prosecutor's Office prior to the indictment.
Explanation: Under Article 312, § 3º, first part, of the Brazilian Penal Code, in cases of negligent embezzlement (peculato culposo), the voluntary reparation of the damage, if it precedes the unappealable sentence (trânsito em julgado), extinguishes punishability (extingue a punibilidade). If repaired after final judgment, it reduces the penalty by half.
9Under the Money Laundering Law (Lei nº 9.613/1998, as amended by Lei nº 12.683/2012), which requirement is essential to distinguish autonomous money laundering (including autolavagem) from mere non-punishable post-factum consumption of crime proceeds?
A.Concrete and autonomous acts designed to conceal (ocultar) or disguise (dissimular) the illicit origin, nature, location, or ownership of the assets.
B.A final and unappealable criminal conviction for the predicate offense prior to the laundering indictment.
C.The mandatory involvement of an offshore financial entity registered in a tax haven jurisdiction.
D.The execution of the concealment acts by a third party who had no participation whatsoever in the predicate crime.
Explanation: According to consolidated STF (AP 470) and STJ doctrine, self-laundering (autolavagem) is punishable, but requires distinct, autonomous actions directed at concealing (ocultação) or disguising (dissimulação) the illicit origin or nature of the assets. The mere personal spending, enjoyment, or consumption of the direct proceeds of a crime constitutes non-punishable post-factum (mero exaurimento).
10A rural farmer is accused of the crime of unauthorized entry and alteration of federal environmental preservation areas (Art. 40 of Lei nº 9.605/1998). In analyzing the subjective element of environmental criminal offenses, what is the default rule under the general part of the Brazilian Penal Code?
A.Environmental crimes require intent (dolo) unless the specific statutory provision expressly penalizes negligent conduct (modalidade culposa).
B.All environmental crimes under Law 9.605/1998 admit strict criminal liability (responsabilidade penal objetiva) regardless of fault or intent.
C.Negligence (culpa) is presumed in all offenses against federal flora and fauna, shifting the burden of proof to the defense.
D.Environmental crimes can only be committed through indirect intent (dolo eventual), excluding direct intent.
Explanation: Under Article 18, parágrafo único, of the Brazilian Penal Code (applicable subsidiarily to special penal legislation pursuant to Art. 12 CP), no one can be punished for an act defined as a crime unless it was committed intentionally (a título de dolo), unless a negligent modality (culpa) is explicitly provided by statute.

About the Defensor Público Federal DPU Exam

The Concurso Público para Defensor Público Federal is the prestigious national competition organized by the DPU under Lei Complementar nº 80/1994 and Resolução CSDPU nº 255/2026. Defensores Públicos Federais provide comprehensive, free legal assistance to vulnerable individuals, defend human rights, represent indigent defendants in federal criminal cases, and lead collective actions before national and international courts.

Assessment

Five stages under Resolução CSDPU nº 255/2026: prova objetiva worth 100 points over four discipline groups (200 certo/errado items, 50 per group, in the 2017 edital), 5 hours; four provas dissertativas escritas, one per group, each with five discursive questions of up to 10 lines and one peça judicial or dissertação of up to 90 lines; sindicância de vida pregressa with the inscrição definitiva; four provas orais worth 25 points each; and avaliação de títulos.

Time Limit

5 hours (300 minutes)

Passing Score

At least 60% of the 100 points and no zero in any of the four discipline groups

Exam Fee

R$ 200,00 (Defensoria Pública da União (DPU) / CSDPU / Cebraspe)

Defensor Público Federal DPU Exam Content Outline

35%

Grupo I: Direitos Humanos, Constitucional e Tutela Coletiva

Inter-American Court jurisprudence, conventionality control, 100 Regras de Brasília, custos vulnerabilis doctrine, and public civil actions.

30%

Grupo II (50 itens): Direito Penal e Criminologia, Processual Penal, Penal Militar, Processual Penal Militar e Eleitoral

Federal criminal defense, illegal evidence exclusion, pre-trial detention defense, and critical criminology.

20%

Grupo III (50 itens): Direito Administrativo, do Trabalho, Processual do Trabalho, Previdenciário e da Assistência Social e Princípios Institucionais da Defensoria Pública

Right to health, right to housing, BPC/LOAS social assistance benefits, and procedural defense against executions.

15%

Grupo IV: Direito Constitucional, Internacional, Direitos Humanos, Filosofia do Direito, Sociologia Jurídica e Ciência Política

Migration law (Lei 13.445/2017), refugee protection (Lei 9.474/1997), and ILO Convention 169 indigenous rights.

How to Pass the Defensor Público Federal DPU Exam

What You Need to Know

  • Passing score: At least 60% of the 100 points and no zero in any of the four discipline groups
  • Assessment: Five stages under Resolução CSDPU nº 255/2026: prova objetiva worth 100 points over four discipline groups (200 certo/errado items, 50 per group, in the 2017 edital), 5 hours; four provas dissertativas escritas, one per group, each with five discursive questions of up to 10 lines and one peça judicial or dissertação of up to 90 lines; sindicância de vida pregressa with the inscrição definitiva; four provas orais worth 25 points each; and avaliação de títulos.
  • Time limit: 5 hours (300 minutes)
  • Exam fee: R$ 200,00

Keys to Passing

  • Work through all 100 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

Frequently Asked Questions

What is the mission of a Defensor Público Federal?

A Defensor Público Federal provides full and free legal assistance, promotes human rights, and defends individual and collective rights of vulnerable populations before federal courts and international tribunals.

What is the passing score for the DPU objective examination?

Candidates must achieve at least 60% overall (60 correct answers out of 100) and obtain positive scores in all four discipline groups.

What legal activity (atividade jurídica) is required for the DPU competition?

Candidates must have a Bachelor of Laws degree and at least 3 years of verified post-graduation legal activity (atividade jurídica) prior to registration.