Dolo eventual x culpa consciente nos homicídios cometidos na direção de veículo automotor sob efeitos de embriaguez

Abstract

The combination of alcohol consumption and driving is greatly dangerous and causes numerous traffic accidents in Brazil, many of which are lethal. In this context, the problem arises around the homicide caused by a driver in a state of drunkenness: should one be charged as a perpetrator of a non-intentional crime, as a conscious guilt, or as a willful crime, for having taken the risk of producing the result and, consequently, having had willful misconduct? Such questioning has already been the subject of intense discussion for the legal literature and case law. However, after Law No. 13.546 of 2017, the debate gains new strength by bringing the provision of § 302 of Article 302 of the Brazilian Traffic Code, which is predicted as manslaughter in the driving of a motor vehicle when under the influence of alcohol, or any other psychoactive substance which causes addiction. Therefore, this paper aims at analyzing the above-mentioned legal literature and legal law argumentation, focusing on the analysis of the new penal type and, under this perspective, answering which legal institute would be the most appropriate to be applied. In order to do so, such study is carried through the bibliographical research methodology and the inductive method, which not only helps reflect and approach the raised questions, but also permits the presentation and comparison of the ideas posed by the legal law and the legal literature.