A supremacia do interesse público na infração administrativa de trânsito e a recusa do condutor em realizar exames para aferir a quantidade de álcool ou substância psicoativa

Abstract

This work has the objective of to analyze the violation the motor vehicles traffic laws , based on paragraph 3 of article 277 of the CTB, introduced by Law No. 11705/2008, in the case of the driver's refusal to conduct scientific and technical examinations to measure the quantity of alcohol or psychoactive substance in your body. First, conducting a study about the drunkenness and its association with the direction of motor vehicles, outlining a short history of the traffic laws applicable in Brazil until the publication of Law No. 11705/2008. In a second time, discusses the violation of administrative law 11705/2008 in transit, exposing and explaining the main changes and some words brought in Articles 165, 276 and 277 of the CTB. In later time, analyze the paragraph 3 of article 277 of the CTB and refutes possible arguments for the unconstitutionality of that legislation. Compares to that, "the principle that prohibits self-incrimination" with the principle of "supremacy of public interest."