OLIVEIRA, A. A. F.; OLIVEIRA, Átila Alex Fernandes de.
Abstract:
Traffic crimes, those who are committed towards motor vehicle, they deserve a
thorough analysis as to its nature, its concepts and the deployment of such conduct.
The general objective that guides the work is to search for and is being addressed by
our panelists who commits murder in the direction of a motor vehicle, seeking to
clarify the concepts of Guilt Conscious and Dolo Possible, showing also its
distinction, consider the placement of STF when faced with the drunk driving death
results or splits and also observe what occurs in the case in lower courts. The
method used was inductive, since all research has as its starting point the Supreme
Court decision that disqualifies guilty of intentional homicide for traffic carried by
drunk driver, the research takes place by indirect documentation, verifying the
doctrine, laws and jurisprudence and method is used historical and comparative. At
first was a survey of the main historical laws which over time were entrusted with the
task of regulating traffic, showing the development and standardization of such
proceeds to the analysis of so-called traffic crimes typified by CTB, extracting
concept and legal nature of ourselves and the principles that protect the individual.
Later, back to the debate regarding the intent or guilt in these crimes, to the
understanding of such institutes, were shown the concepts and elements of the same
members, also dealing with the theories that underlie both, as well as its species, so
it could be defined what would be the eventual intention and conscious guilt, with the
knowledge of such concepts has to seek the distinction of these, finding the element
that separates them and the difficulty in identifying it. Finally there is the dissection of
the crimes of traffic in evidence and generate more controversy in the case, drunk
driving and "Chaps", and how is bowing before the courts on these questions,
especially when the nature if negligent or willful. It was verified, so one tilting the
Supreme Court in order to classify as negligent homicide caused by drunk driver
wrongful and that occurred due to cracks, saw also that most of the time in these
cases, it is up to the jury to decision on how to be allocated to criminal subjected