A lei nº 11.705/2008 (lei seca) sob a ótica do direito administrativo: o exercício do poder de polícia do estado e a aplicação de sanções administrativas

Abstract

Examines the Law number 11705 of june 19, 2008, from the perspective of administrative law. Studies the exercise of political power to the state law applied to number 11.705/08. Addressed changes in the handling of administrative penalties for traffic. Specified the second article of Law number 11.705/08, which concerns the sale of alcoholic beverages on federal highways. Presents the new version of the administrative infraction dropped the device 165 of the Brazilian Traffic Code (CTB). Article emphasizes the fifth, third paragraph, of Law 11.705/08, which provided the so-called zero tolerance by modifying the driver's alcohol content to the penalties provided for in the incidence of article 165, the CTB. Discusses the extension of the rules of evidence in proof of the state of intoxication of the individual, so that the necessary apply administrative sanctions. Study innovation brought by the Law number 11.705/08, who added the third paragraph of article 277, the CTB, reporting the refusal of the expert conducting the examinations and their consequences. Examines the constitutionality of Law 11.705/08.