A responsabilidade penal nos crimes de trânsito por embriaguez

Abstract

The study presented here aims to analyze the question of the correct classification of crimes committed at traffic by drunk people, since there is immense confusion between the figures of eventualintentional misconduct and conscious guilt in the correct application of the law to concrete cases. To achieve our goal, at first, it was necessary to analyze the development and historical aspects of the subject, more specifically within the scope of legislation in the broad sense, As well as the analysis of traffic accident data around the world, analyzing the reasons that lead to high / low traffic mortality, profile of the main victims, as well as, specifically, the situation of Brazil in this context. Following from this it was studied the technical aspects surroundingthese crimes, such as conscious guilt, eventual intentional misconduct and drunkenness.In a final analysis the topic has been developed with the study of the country doctrines and jurisprudence, which still largely disagrees on the correct criminal classification of such crimes.