Não obrigatoriedade do uso do bafômetro de acordo com os princípios constitucionais.

Abstract

The present work has for objective to analyze confronts it to the principles constitutional with the entrance in vigor of the Law n° 11,705, of 19 of June of 2008, known jocosamente as "Dry Law", that it modifies the Law n° 9,503, of 23 of September of 1997, that it institutes the Code of I transit Brazilian. However the exposition i f abided to demonstrate the points most controversial of the related law, in general way and in way more I specify the unconstitutionality of the evidences so that i f it gets the tipificacao of article 306 of the Code of I transit Brazilian. For in such a way it was used of the legal exegetico method, with the use of Codes, jurisprudenciais Doctrines, agreements and scientific articles, found in the worldwide net of computers, that deal with the subject. The inspiration for the organization of this work was born with the controversy caused with the spoon difficulty tests that incriminate the citizen for directing under influence of alcohol, has seen its right not to produce tests against itself exactly and the constitutional principle of the innocence swaggerer, basic postulates of a democratic state of right. The problematic one of the work is attached the following question: Law 11,705/08 is constitutional? It will be that this norm will produce effect? A infraconstitutional Law can disobey a principle consecrated in the Great Letter of the parents? The basic guarantees, the rights of the citizen and the comparative jurisprudence will be boarded to elucidate the problematic one raised in this work. One still standes out in this work the alarming numbers of tragedies in the Brazilian Transit that had taken the legislator to edit the cited law in the eagerness to diminish the inditosas statisticians. Being, finally, indicated an efficient method in the reduction of the automobile accidents in other nations.