Quais São os Crimes Inafiançáveis e os Imprescritíveis?

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5752

Última Atualização 2 de outubro de 2021

Macete: 3TH não tem graça.

Terrorismo, Tortura, Tráfico Ilícito e crimes hediondos são inafiançáveis e insuscetíveis de GRAÇA. 

Art 5, XLIII – CF 88

XLII – a prática do racismo constitui crime inafiançável e imprescritível, sujeito à pena de reclusão, nos termos da lei;

XLIII – a lei considerará crimes inafiançáveis e insuscetíveis de graça ou anistia a prática da tortura, o tráfico ilícito de entorpecentes e drogas afins, o terrorismo e os definidos como crimes hediondos, por eles respondendo os mandantes, os executores e os que, podendo evitá-los, se omitirem;  

XLIV – constitui crime inafiançável e imprescritível a ação de grupos armados, civis ou militares, contra a ordem constitucional e o Estado Democrático.

CEBRASPE (2021):

QUESTÃO ERRADA: O crime de tráfico ilícito de entorpecentes é considerado imprescritível, inafiançável e insuscetível de graça ou anistia.

QUESTÃO ERRADA: A Constituição Federal de 1988, ao tratar dos direitos e deveres individuais e coletivos determina que a prática de crime hediondo constitui crime inafiançável e imprescritível. 

QUESTÃO ERRADA: Constituem crimes inafiançáveisimprescritíveis o terrorismo e os definidos como crimes hediondos; a ação de grupos armados, civis ou militares, contra a ordem constitucional e o Estado democrático.

Imprescritível são só o racismo e ação de grupos armados, civis ou militares, contra a ordem constitucional!

QUESTÃO CERTA: A ação de grupos armados, inclusive militares, contra a ordem constitucional e o Estado democrático de direito constitui crime inafiançável e imprescritível.

QUESTÃO ERRADA: A CF determina que os crimes de racismo, a prática da tortura e o terrorismo são imprescritíveis, inafiançáveis e insuscetíveis de graça ou anistia.

Crimes Imprescritíveis:

– Racismo

– Ação de Grupos Armados (AGA)

Crimes Inafiançáveis: (traga tetoh)

– Racismo

– AGA (ação de grupos armados)

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– Tráfico

– Terrorismo

– Tortura

– Crimes Hediondos

Crimes Insuscetíveis de Graça e Anistia (3th):

– Tráfico

– Terrorismo

– Tortura

– Crimes Hediondos 

QUESTÃO CERTA: No caso de prisão em flagrante dos membros do Congresso Nacional, por crime inafiançável, a manutenção da prisão dependerá de deliberação da Casa respectiva, pelo voto da maioria de seus membros. 

Sim. Veja o que diz a Constituição Federal:

§ 2º Desde a expedição do diploma, os membros do Congresso Nacional não poderão ser presos, salvo em flagrante de crime inafiançável. Nesse caso, os autos serão remetidos dentro de vinte e quatro horas à Casa respectiva, para que, pelo voto da maioria de seus membros, resolva sobre a prisão. 

QUESTÃO CERTA: A lei considerará crimes inafiançáveis e insuscetíveis de graça ou anistia a prática da tortura, o tráfico ilícito de entorpecentes e drogas afins, o terrorismo e os definidos como crimes hediondos, por eles respondendo os mandantes, os executores e os que, podendo evitá-los, se omitir.

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