Análise do crime de embreaguez ao volante e sua eficácia frente às alterações legislativa.

Abstract

This essay aims to analyze the crime of drinking and driving and the legal efficiency of legislative changes since the origin of Brazilian traffic law in 1910 up to the present day, being considered the requirements for the configuration of the offense present in Article 306 of the CTB in its current edition, and later legislative amendment introduced by Law 12.760/12, as well as in the form brought by previous editions. It is still mentioned the alcoholism related issue and its effects on the human body together with the driving of a motor vehicle. The criminalization by Law No. 9.503/97 of the conduct of drunk driving was focused on preventing the growing violence in traffic, but it was eventually amended by Law 11.705/08, which aimed to punish more rigorously the crime of drunk driving however, such a legislative amendment was not successful due to some misunderstandings in it writing. Thus, in late 2012 it was approved a project of law that was materialized in Law No. 12.760, which comes into in order to increase the means of evidence in the crime of Article 306 of the CTB and avoid the impunity of the crime . The methodology used was the bibliographic research, by reading books, scientific articles and publications about it available on the Internet. From a theoretical and legislative substrate, it was verifying that Law 12.760/12 really reached its aim in facilitating the agent of evidence and reducing the number of accidents and traffic fatalities resulting from drinking and driving a motor vehicle