Crimes em que cabe a prisão temporária.
Mnemônico: TraFinTer HoRSe GAss E5
- Tráfico
- Crime financeiro
- Terrorismo
- Homicidio
- Roubo
- Sequestro
- Genocidio
- Associação Criminosa
- Extorsão
- Extorsão mediante sequestro
- Estupro e atentado violento ao pudor
- Epidemia
- Envenenamento
CEBRASPE (2018):
QUESTÃO CERTA: De acordo com a legislação pertinente, caberá prisão temporária para o agente dos crimes de homicídio doloso, estupro e sequestro ou cárcere privado.
CEBRASPE (2009):
QUESTÃO ERRADA: Pode ser decretada quando há fundadas razões de autoria ou participação do indiciado em qualquer crime doloso.
ERRADA – não é em qualquer crime doloso.
Lei 7960/1989:
Art. 1° Caberá prisão temporária:
…
III – quando houver fundadas razões, de acordo com qualquer prova admitida na legislação penal, de autoria ou participação do indiciado nos seguintes crimes:
a) homicídio doloso (art. 121, caput, e seu § 2°);
b) sequestro ou cárcere privado (art. 148, caput, e seus §§ 1° e 2°);
c) roubo (art. 157, caput, e seus §§ 1°, 2° e 3°);
d) extorsão (art. 158, caput, e seus §§ 1° e 2°);
e) extorsão mediante sequestro (art. 159, caput, e seus §§ 1°, 2° e 3°);
f) estupro (art. 213, caput, e sua combinação com o art. 223, caput, e parágrafo único);
g) atentado violento ao pudor (art. 214, caput, e sua combinação com o art. 223, caput, e parágrafo único);
h) rapto violento (art. 219, e sua combinação com o art. 223 caput, e parágrafo único);
i) epidemia com resultado de morte (art. 267, § 1°);
j) envenenamento de água potável ou substância alimentícia ou medicinal qualificado pela morte (art. 270, caput, combinado com art. 285);
l) quadrilha ou bando (art. 288), todos do Código Penal;
m) genocídio (arts. 1°, 2° e 3° da Lei n° 2.889, de 1° de outubro de 1956), em qualquer de sua formas típicas;
n) tráfico de drogas (art. 12 da Lei n° 6.368, de 21 de outubro de 1976);
o) crimes contra o sistema financeiro (Lei n° 7.492, de 16 de junho de 1986).
CEBRASPE (2017):
QUESTÃO ERRADA: A decretação de prisão temporária é cabível quando houver fundadas razões de autoria e participação em qualquer crime doloso punível com pena privativa de liberdade superior a quatro anos de reclusão e quando for imprescindível às investigações do inquérito policial.
PRISÃO TEMPORÁRIA só é cabível quando houver indícios de autoria e participação em algum dos crimes taxativamente previstos no art. 1º, III da Lei 7.960/89.
CEBRASPE (2016):
QUESTÃO ERRADA: Juliano está sendo investigado pela prática de latrocínio. O laudo pericial comprovou a materialidade do crime. O indiciado foi devidamente identificado e é primário, não tem antecedentes criminais, possui residência fixa, não exerce atividade laborativa e confessou a autoria do delito. Acerca dessa situação hipotética e do que prevê a lei que regulamenta a prisão temporária, assinale a opção correta. Não se admite que o juiz decrete a prisão temporária de Juliano porque o crime de latrocínio não consta do rol taxativo previsto na lei.
ERRADO. Está previsto sim no rol! Colegas, lembrem que latrocínio não é um tipo penal autônomo, ou seja, não há o tipo “latrocínio” e sim ROUBO seguido de MORTE, portanto, é ROUBO e este está previsto no rol (confira mais abaixo).
RESUMO DO ROL DE CRIMES
1. Homicídio doloso
2. Sequestro ou cárcere privado
3. Roubo (inclusive o Latrocínio)
4. Extorsão
5. Extorsão mediante sequestro
6. Estupro
7. Atentado violento ao pudor
8. Epidemia com resultado de morte
9. Envenenamento:
De água potável + morte
De substância alimentícia + morte
De substância medicinal + morte
10. Quadrilha ou bando
11. Genocídio
12. Tráfico de drogas
13. Crimes contra o sistema financeiro
CEBRASPE (2023):
QUESTÃO CERTA: Em relação à prisão temporária, assinale a opção correta: Pode ser decretada nos crimes contra o sistema financeiro.
Lei n. 7960/89:
Art. 1° Caberá prisão temporária: I – quando imprescindível para as investigações do inquérito policial (apenas na fase pré-processual, portanto antes do recebimento da denúncia); II – quando o indicado não tiver residência fixa ou não fornecer elementos necessários ao esclarecimento de sua identidade; III – quando houver fundadas razões, de acordo com qualquer prova admitida na legislação penal, de autoria ou participação do indiciado nos seguintes crimes: o) crimes contra o sistema financeiro.
Art. 2° A prisão temporária será decretada pelo Juiz, em face da representação da autoridade policial ou de requerimento do Ministério Público, e terá o prazo de 5 (cinco) dias, prorrogável por igual período em caso de extrema e comprovada necessidade. § 1° Na hipótese de representação da autoridade policial, o Juiz, antes de decidir, ouvirá o Ministério Público.
Lei 8072/90 (crimes hediondos):
Art. 2º § 4 A prisão temporária, sobre a qual dispõe a , nos crimes previstos neste artigo, terá o prazo de 30 (trinta) dias, prorrogável por igual período em caso de extrema e comprovada necessidade.
A título de conhecimento, algumas jurisprudências e entendimentos doutrinários sobre a prisão temporária:
ADI 3.360/DF STF – A prisão temporária somente é cabível quando: imprescindível para as investigações do inquérito policial; houver fundadas razões de autoria ou participação do indiciado; fundamentada em fatos novos ou contemporâneos; adequada à gravidade concreta do crime, às circunstâncias do fato e às condições pessoais do indiciado; e não for suficiente as medidas cautelares.
HC 158.060/PA STJ – A prisão temporária não pode ser mantida após o recebimento da denúncia.
Doutrina – É vedada a prorrogação de ofício da prisão temporária.
Doutrina – Na prisão temporária, não transcorre o prazo para a conclusão do inquérito policial.
CEBRASPE (2016):
QUESTÃO CERTA: No curso de um IP, segundo a Lei n.º 7.960/1989, será possível decretar a prisão temporária do indiciado quando, de acordo com qualquer prova admitida na legislação penal, houver fundadas razões de autoria ou participação dele no delito, se o crime investigado for o de roubo.
CEBRASPE (2023):
QUESTÃO ERRADA: Em relação à prisão temporária, assinale a opção correta: Pode ser decretada nos crimes contra o sistema financeiro. E Pode ser decretada nas infrações de menor potencial ofensivo.
Não pode ser decretada nas infrações de menor potencial ofensivo.
CEBRASPE (2023):
QUESTÃO ERRADA: O fato de o representado não ter residência fixa ou não fornecer elementos necessários ao esclarecimento de sua identidade é motivo suficiente para a decretação da prisão temporária.
Art. 1º, II, Lei 7.960/89: “Art. 1° Caberá prisão temporária: II – quando o indicado não tiver residência fixa ou não fornecer elementos necessários ao esclarecimento de sua identidade;”
O inciso II do artigo 1º da Lei 7.960/89 não se trata de requisito necessário para a decretação da prisão temporária nem pode ser utilizado isoladamente para se decretar a custódia de ninguém. O STF explicou que esse inciso II do art. 1º da Lei nº 7.960/89, mostra-se dispensável ou, quando interpretado isoladamente, é inconstitucional. Isso porque ou a circunstância de o representado não possuir residência física evidência de modo concreto que a prisão temporária é imprescindível para as investigações (inciso I) ou não se pode decretar a prisão pelo simples fato de que alguém não possui endereço fixo.
Nesse sentido, não é constitucional a decretação da prisão temporária quando se verificar, por exemplo, apenas uma situação de vulnerabilidade econômico-social – pessoas em situação de rua, desabrigados – por violação ao princípio constitucional da igualdade em sua dimensão material. ADI 3360/DF e ADI 4109/DF, Rel. Min. Carmen Lúcia, redator para o acórdão Min. Edson Fachin, julgados em 11/2/2022 (Info 1043).
Fonte: Dizer o Direito.
CEBRASPE (2023):
QUESTÃO CERTA: Em caso de crime de homicídio doloso, a prisão temporária terá duração de cinco dias, prorrogável por igual período, após o qual, em regra, o preso deverá ser imediatamente solto.
Lei n. 7960/89:
Art. 1° Caberá prisão temporária:
III – quando houver fundadas razões, de acordo com qualquer prova admitida na legislação penal, de autoria ou participação do indiciado nos seguintes crimes:
a) homicídio doloso; (…)
Art. 2° A prisão temporária será decretada pelo Juiz, em face da representação da autoridade policial ou de requerimento do Ministério Público, e terá o prazo de 5 (cinco) dias, prorrogável por igual período em caso de extrema e comprovada necessidade.
§ 7º Decorrido o prazo contido no mandado de prisão, a autoridade responsável pela custódia deverá, independentemente de nova ordem da autoridade judicial, pôr imediatamente o preso em liberdade, salvo se já tiver sido comunicada da prorrogação da prisão temporária ou da decretação da prisão preventiva.
CEBRASPE (2022):
QUESTÃO ERRADA: Valdo está sendo investigado pelo crime de extorsão, em liberdade. Há indícios de que agiu com um comparsa. Nessa situação hipotética, em tese: o crime imputado na investigação não preenche os requisitos de admissibilidade para decretação de prisão temporária.
Lei 7.690/89 art. 1° Caberá prisão temporária: (…) d) extorsão
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Your positivity and enthusiasm are truly infectious! This article brightened my day and left me feeling inspired. Thank you for sharing your uplifting message and spreading positivity to your readers.
Your unique approach to addressing challenging subjects is like a breath of fresh air. Your articles stand out with their clarity and grace, making them a pure joy to read. Your blog has now become my go-to source for insightful content.
This article resonated with me on a personal level. Your ability to emotionally connect with your audience is truly commendable. Your words are not only informative but also heartwarming. Thank you for sharing your insights.
In a world where trustworthy information is more important than ever, your commitment to research and providing reliable content is truly commendable. Your dedication to accuracy and transparency is evident in every post. Thank you for being a beacon of reliability in the online world.
This article resonated with me on a personal level. Your ability to connect with your audience emotionally is commendable. Your words are not only informative but also heartwarming. Thank you for sharing your insights.
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In a world where trustworthy information is more crucial than ever, your dedication to research and the provision of reliable content is truly commendable. Your commitment to accuracy and transparency shines through in every post. Thank you for being a beacon of reliability in the online realm.
Your unique approach to addressing challenging subjects is like a breath of fresh air. Your articles stand out with their clarity and grace, making them a pure joy to read. Your blog has now become my go-to source for insightful content.
I must commend your talent for simplifying complex topics. Your ability to convey intricate ideas in such a relatable way is admirable. You’ve made learning enjoyable and accessible for many, and I appreciate that.
Your enthusiasm for the subject matter radiates through every word of this article; it’s contagious! Your commitment to delivering valuable insights is greatly valued, and I eagerly anticipate more of your captivating content. Keep up the exceptional work!
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Your writing style effortlessly draws me in, and I find it nearly impossible to stop reading until I’ve reached the end of your articles. Your ability to make complex subjects engaging is indeed a rare gift. Thank you for sharing your expertise!
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This article resonated with me on a personal level. Your ability to connect with your audience emotionally is commendable. Your words are not only informative but also heartwarming. Thank you for sharing your insights.
Your blog has rapidly become my trusted source of inspiration and knowledge. I genuinely appreciate the effort you invest in crafting each article. Your dedication to delivering high-quality content is apparent, and I eagerly await every new post.
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Your enthusiasm for the subject matter shines through every word of this article; it’s contagious! Your commitment to delivering valuable insights is greatly valued, and I eagerly anticipate more of your captivating content. Keep up the exceptional work!
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Your blog has rapidly become my trusted source of inspiration and knowledge. I genuinely appreciate the effort you invest in crafting each article. Your dedication to delivering high-quality content is apparent, and I eagerly await every new post.
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I’ve discovered a treasure trove of knowledge in your blog. Your unwavering dedication to offering trustworthy information is truly commendable. Each visit leaves me more enlightened, and I deeply appreciate your consistent reliability.
I simply wanted to convey how much I’ve gleaned from this article. Your meticulous research and clear explanations make the information accessible to all readers. It’s abundantly clear that you’re committed to providing valuable content.
I’d like to express my heartfelt appreciation for this insightful article. Your unique perspective and well-researched content bring a fresh depth to the subject matter. It’s evident that you’ve invested considerable thought into this, and your ability to convey complex ideas in such a clear and understandable way is truly commendable. Thank you for sharing your knowledge so generously and making the learning process enjoyable.
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