Dolo Eventual nos crimes de trânsito praticados por autor alcoolizado.

Abstract

In view of the alarming number of traffic accidents that has news every day across the country and seeking legal means to help reduce this number, the present work analyzes the necessity of adopting postures stronger in relation to crimes traffic carried by drunk drivers, and as a primary means to this end the use of the theory of possible fraud in claims occurred in these circumstances. Therefore, the development of this research is to use the method of deductive approach is a scientific method that considers the conclusion is implicit in the assumptions. Therefore assumes that the conclusions necessarily follow assumptions: if deductive reasoning is valid and the premises are true, the conclusion can‟t be anything but true, as a method of procedure was used monographic method, and as a research technique, we used the indirect documentation through a literature review of doctrine, magazines and news in general, scientific articles, case law, and internet sites. The study referred to above consists of bibliographic research in all three chapters, merging characters as theoretical conceptualization of the types defined as a crime by the CTB, as well as differentiation by the doctrine of theories of eventual intention and conscious guilt, bringing practical and jurisprudential analysis with a greater focus in recent sentences that demonstrate the real current need to create mechanisms that inhibit the occurrence of many accidents as observed in practice every day across the country. As a practical result, it was observed that, due to the rapid growth of occurrences involving drunk drivers, it is essential to create tougher legislation regarding the traffic crimes committed by drunk driver and that aim to protect the rights of citizens protecting them from the constant threat of harm that exists when facing traffic in Brazil.