Homicídio nos crimes de trânsito: dolo eventual ou culpa consciente?

Abstract

The present monographic word intends to undertake a study on the implementation of any eventual malice and conscious guilt in the crimes of homicide in the traffic. Thus, the problematic of this study reveals in the great doctrinal and jurisprudential struggle to define what should be adopted by the judge before the real case. The goal consists in identify the criteria used by the Judge in the application of one or another institute, examining some trial pronounced by some Natives Courts. In order to hold a theoretical framework that provides consistent bases of analysis, it was adopted the deductive method, using the bibliographic and jurisprudential technique of research in order to enrich the debate. The justification for this work is consolidated due to the rising number of deaths in traffic, which somehow has led to the numerous decisions with tendencies to blame criminally, as a murder, the driver of the vehicle, which because of their irresponsible conduct either by speeding, drunk or participation in "cracks" on public roads, causing death. Among the eventual intention and conscious guilt is a common trait, which is the prediction of the outcome. However, that is determined to conduct more heavily (eventual intention), the agent should have taken the risk to produce the harmful result, while in the moderate conduct (conscious guilt), the agent sincerely believes can prevent the expected result. The correct distinction between them is essential at the time of determining the right, otherwise great injustice will be caused due to the significant difference in the penalty to be imposed. All this shows that is not an easy task to apply them properly, in view the need for concrete analysis of the facts, which it is made for the investigation of everything that influences the offense, since the occurrence of the accident, the physical factors that advocated, as well as the subjective elements tied to the conscience of the agent. What shows that this discussion is far from the end, because the law is widely interpreted and discussed, even concluded this study in order to understand which should not be applied in any intentional homicides committed in transit due to lack of legal provision of this type in the specific law.