QUESTÃO CERTA: No crime habitual, as ações que o compõem, consideradas isoladamente, não constituem crimes.
Correta. O crime habitual é aquele que exige a reiteração para que se tipifique o delito. Rogério Sanches Cunha, em seu manual de Direito Penal, exemplifica com o crime do art. 299 do CP, pois o tipo mencionado pune o ato de manter estabelecimento em que ocorra exploração sexual. Desta forma, a caracterização do crime exige a comprovação de certa regularidade da atividade. Crimes habituais não admitem tentativa.
QUESTÃO CERTA: Crime habitual cometido com ânimo de lucro é denominado crime a prazo.
INCORRETO. O crime habitual depende de uma reiteração de atos reveladores de um modo de vida do agente. Assim, a consumação, em regra, não ocorrerá com a prática de apenas um ato, mas de vários atos que caracterizam um estilo de vida.
*Crime habitual próprio é o que somente se consuma com a prática reiterada e uniforme de vários atos que revelam um criminoso estilo de vida do agente. Cada ato, isoladamente considerado, é atípico. Exemplos: exercício ilegal da medicina e curandeirismo (CP, arts. 282 e 284, respectivamente).
*Crime habitual impróprio é aquele em que uma só ação tem relevância para configurar o tipo, ainda que a sua reiteração não configure pluralidade de crimes, a exemplo do que se verifica no delito de gestão fraudulenta, previsto no art. 4.º, caput, da Lei 7.492/1986 – Crimes contra o Sistema Financeiro Nacional.
QUESTÃO ERRADA: No caso de crime habitual ou continuado, a consumação se prolonga no tempo por vontade do agente, e o prazo prescricional se inicia quando cessada a consumação.
A Jurisprudência já decidiu que “o termo inicial da prescrição dos crimes habituais é a data da última das ações que constituem o fato típico”.
STF. 87.987/RS. Rel. Min. Sepúvelda Pertence, 1ª T., j. 09.05.2006.
O que crime habitual: é aquele crime que não depende de reiteração uniforme de vários fatos criminosos O crime continuado está no art. 71 do CP. Eles quiseram confundir com crime permanente. Espero ter ajudado! Se falei besteira… avisa-me no privado para eu corrigir.
QUESTÃO ERRADA: O crime de exercício ilegal da medicina, previsto no CP, por ser crime plurissubsistente, admite tentativa, desde que, iniciados os atos executórios, o agente não consiga consumá-lo por circunstâncias alheias a sua vontade.
Crime habitual, não admite tentativa.
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