Uma análise jurídica da penalização dos crimes de trânsito de embriaguez ao volante e o rocha nos tribunais.

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