O dolo eventual nos crimes de trânsito.

Abstract

It is an exploratory literature research, developed in the months of July and August, 2013, with the aim of discussing the application of the juridical institute - eventual intention, in the events of crime committed by drivers under the influence of alcohol or any other agent capable of producing similar effects, identifying the position of the judiciary in the matter. The study led to the following conclusions: the federal government, to discourage the use of alcohol before driving, enacted the law 11.705/2008, called "DRY LAW," which amended the National Code of Transit, in response to popular and media clamor for more severe punishment for drunken drivers that cause victims in traffic; the law 12.760/2012 was enacted to increase the penalties, reduce the concentration of alcohol allowed and give rise to the figure of the eventual intention in prosecution of crimes of transit; there are strong differences of doctrine and legal practice as to accept the theory of intentional crimes possible in traffic; particularly in cases of fatalities, especially in 1st instance, some supporters of the arguments in favor, have applied the eventual intention in their sentences. However, most actual cases in coming to trial, are considered of the conscious guilty, especially in the 2nd instance. The reasons for this are that the Brazilian law refutes the figure of presumed blame and by extension, do the same to eventual intention. Furthermore, the application of eventual intention, in traffic crimes, violate general principles of the penal law, because it is not possible to determine the existence of the volitional element inherent in the idea of deceit and hence, its application nullify an institute of fundamental law-"in dubious pro reo".