A inconstitucionalidade da Lei n° 11.705 de 19 de junho de 2008.

Abstract

The work on canvas aims to analyze the unconstitutionality of Law 11,705 of June 19, 2008, known as jocularity Drought Law amending the Law in 9503, from September 23, 1997, establishing the Code of Brazilian Traffic, and Law in 9294, from July 15, 1996, which provides for restrictions on the use of propaganda and fumigeros products, alcoholic beverages, medicines, agricultural chemicals and therapies under Paragraph 4 of Art. 220 of the Federal Constitution to inhibit the consumption of alcohol by drivers of motor vehicles. However, the exhibition is to clear the unconstitutionality ateve the part that shows the Brazilian Traffic Code, which aims to establish alcohol 0 (zero) and impose stricter penalties for drivers who drive under the influence of alcohol The inspiration for the organization of this work was from the controversy that resulted in the law nationwide. Will be used doctrinal research, judicial decisions and research on the global network of computers, using a method exegetic-legal. The issue of employment is assigned to following question: Is the law unconstitutional in 11,705? Does the state with such a standard would not be intervening further in social relations? Is there applicability of the law? Will be aborted the basic guarantees, changes that the novel regulatory decree implemented the law, argue that their current constitutional and confrontation of ideas between these currents. Finally, from the arguments of both discorridas positions, the authors examine the legality of the law unconstitutional and concerned.