O Que É Favorecimento Pessoal? (com exemplos)

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Favorecimento pessoal

        Art. 348 – Auxiliar a subtrair-se à ação de autoridade pública autor de crime a que é cominada pena de reclusão:

        Pena – detenção, de um a seis meses, e multa.

        § 1º – Se ao crime não é cominada pena de reclusão:

        Pena – detenção, de quinze dias a três meses, e multa.

        § 2º – Se quem presta o auxílio é ascendente, descendente, cônjuge ou irmão do criminoso, fica isento de pena.

QUESTÃO CERTA: É isento de pena, ainda que pratique o crime de favorecimento pessoal, o ascendente, o descendente, o cônjuge ou o irmão de criminoso que o auxilia a fugir da ação da autoridade policial.

QUESTÃO CERTA: Considere que José, penalmente imputável, tenha fornecido abrigo para que o seu irmão Alfredo, autor de crime de homicídio, se escondesse e evitasse a ação da autoridade policial. Nessa situação, a conduta de José é isenta de pena em face de seu parentesco com Alfredo.

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QUESTÃO CERTA: José percebeu que seu conhecido João havia cometido crime de desobediência e estava fugindo a pé, sendo perseguido por policiais. Em vista disso, despistou os milicianos e colocou João no interior de seu veículo, deixando o local e impedindo, dessa forma, a prisão em flagrante deste. Nesse caso, José responderá pelo crime de: favorecimento pessoal privilegiado.

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