Análise crítica da elasticidade do conceito de dolo eventual nos homicídios de trânsito.

Abstract

Present times in Brazil realizes that the number of homicides charged in traffic is growing every day creating, with this, a great outcry in the social environment, because in some cases these crimes do not receive the necessary punishment. Within this context, it was approved in 1997 the Brazilian Traffic Code (Act n. 9503) that now provides for manslaughter in Article 302, but it was not enough to decrease this type of crime. It should be emphasized that, even with the mentioned law, the society along with the sensational media began to require the Judiciary tightening in the punishment of such crimes. Given these social complaints, the jurisprudence of the national Courts, and the decisions of judges are to adopt the concept of eventual intent to murder charged in traffic when there is drunkenness and the combination of the use of high speed, applying, in this case, Article 18, item I of the Penal Code. Therefore, this essay has as its main objective to understand the real causes that drive the Judiciary to extend the concept of eventual intent to traffic murders as well as demonstrate that this understanding should not prosper because it is based on objective elements leaving to take into account the subjective alement guiding the conduct of the agent. To carry out this essay it makes use of the literature search, the exegetic-legal and historical evolution method, arranging the study in three chapters. The first one deals with general aspects of intent and guilt. The second chapter deals with murders charged in traffic, being necessary to address the historical elements, draws a picture of the murder and common road homicide, among others. In the third chapter, in turn, will be dealt with the main focus of work, which is a critical analysis on the elasticity of the concept of intent to murder charged in traffic where it will be shown that this understanding is not the most appropriate solution for the prosecution of this kind of crime.