Uma análise crítica sobre o crime de embreaguez ao volante.

Abstract

Since its emergence in the 90s, the crime of drunk driving has suffered many modifications until it became the way it is nowadays and a lot of controversy was created around its conduct, specially regarding the necessity of the driver to undergo an alcohol testing, the consequences from its negative result and the methods used to assess drunkenness. Among the standards that have altered the type, we will highlight the ones promoted by the Law 11.705/2008, known as the “Dry Law” and the Law 12.760/2012, named the “New Dry Law”. This study, through bibliographic technic, has brought together the most diverse interpretations and the recent judgments on the controversy, as a result, there was no stablishment of a uniform understanding regarding the doubts raised over the penalties in the administrative and specially the criminal system. In this aspect, the study embraces the positioning that takes into account the safe traffic without, however, violating the driver´s constitutional rights, rejecting, thus, all conceptions, whether legal or doctrinal, which deviates from this purpose