O Que É Concurso Material de Delitos? (com exemplos)

Por
Daniel Silva
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92
2687

Segundo o pessoal do canal Ciências criminais:

“Portanto, “concurso de crimes” é a denominação dada quando a mesma pessoa pratica mais de um crime, podendo ser mediante uma só ação ou várias ações.

Segundo o Código Penal , em seus artigos 69 a 71, temos três tipos de concurso de crimes:

No artigo 69 do Código Penal, temos:

Concurso material

Art. 69 –  Quando o agente, mediante mais de uma ação ou omissão, pratica dois ou mais crimes, idênticos ou não, aplicam-se cumulativamente as penas privativas de liberdade em que haja incorrido. No caso de aplicação cumulativa de penas de reclusão e de detenção, executa-se primeiro aquela.

Essa mesma revista eletrônica diz que:

“Alguns requisitos importantes são extraídos do artigo acima, ou seja, somente será possível reconhecer o concurso material se houver (a) a prática de mais de um crime e essa prática for (b) por meio de mais de uma ação.

E para finalizar, explicam brilhantemente que:

“O reconhecimento da incidência do concurso material, ou seja, de que foi praticado mais de um crime, mediante mais de uma ação, pelo mesmo agente, traz significativas mudanças na pena final a ser aplicada. De acordo com o artigo 69 do Código Penal, nos casos de concurso material, as penas de cada um dos crimes serão somadas. Para tanto, será realizada a dosimetria de cada um dos crimes, isoladamente (artigo 68 do Código Penal), e, após o sistema trifásico de cada uma das infrações penais, as penas serão somadas. Dessa feita, se estivermos diante de um crime de roubo, com uma sanção de 05 anos e 04 meses (após a dosimetria), e um crime de tráfico de drogas, com uma pena de 05 anos (após a dosimetria), no fim das contas, com a aplicação do concurso material de crimes, a pena final a ser aplicada ao réu será de 10 (dez) anos e 04 (quatro) meses. Para facilitar a memorização, lembre que (concurso) Material = Mais (+)”.

QUESTÃO ERRADA: No caso de concurso material de delitos, quando os crimes forem praticados, mediante mais de uma ação ou omissão, e resultarem na aplicação cumulativa de penas de reclusão e detenção, o agente deverá cumprir, primeiramente, a pena de detenção.

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ERRADO, deverá cumprir, primeiramente, a pena de reclusão.

QUESTÃO CERTA: Determinado sujeito, maior e imputável, adquiriu em sítio da Internet vídeos com cenas de pornografia que envolviam adolescentes e os armazenou em seu computador. Posteriormente, transmitiu esses vídeos, por meio de aplicativo de mensagem instantânea, a dois amigos adolescentes. Considerando essa situação hipotética, é correto afirmar, de acordo com as disposições do ECA e com o entendimento do STJ, que o sujeito praticou: condutas que caracterizam dois crimes em concurso material.

CP, Art. 69 – Quando o agente, mediante mais de uma ação ou omissão, pratica dois ou mais crimes, idênticos ou não, aplicam-se cumulativamente as penas privativas de liberdade em que haja incorrido. No caso de aplicação cumulativa de penas de reclusão e de detenção, executa-se primeiro aquela.

QUESTÃO ERRADA: Múcio, mediante grave ameaça exercida com o emprego de arma de fogo, subtraiu bens pertencentes a Bruna e, ainda, exigiu dela a entrega de cartão bancário e senha para a realização de saques. Nessa situação, Múcio praticou, em concurso formal, os crimes de roubo circunstanciado e extorsão majorada.

ERRADO. A subtração de bens móveis mediante o emprego de violência ou grave ameaça (ROUBO) e a exigência de entrega do CARTAO MAGNÉTICO DA VÍTIMA (EXTORSAO), ainda que materializadas no mesmo contexto fático, configura CONCURSO MATERIAL de roubo majorado pelo emprego de arma de fogo e extorsão, já que os crimes são distintos e autônomos (STJ,2017).

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Daniel Silva
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