ALVES, A. J. B.; http://lattes.cnpq.br/8463310211498697; ALVES, Armando José Basílio.
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.
