O Código de Trânsito Brasileiro: uma análise sobre o prisma do direito penal simbólico

Abstract

The importance of this research relos on the analysis of the Brazilian Traffic Code as a punitive tool. In a general way, this work proposes an investigation into the evident penal feature of the current traffic law, in that case, the law 9.503, set on September 23, 1997, included in the judicial ordinance mainly to inhibit traffic offences, this stopping the growing number of serious occurrences related to this sector. In a close approach, the research aims to analyse the influence of the Law and Order Movement criminal policy on the elaboration of the code previously mentioned, as well as study the penalty procedures and penal prosecuting which can be applied to the penal types considered as traffic crimes. Finally, it also intends to critically analyse the contexts in which the needs of repressive actions get stronger in the social environment, wishing that they have immediate effect and many control the violence, respecting a representative governmental intervention of a symbolic effect of the Penal Code, without inciting the proper care of the tutored legal rights.