ANÁLISE ACERCA DA APLICABILIDADE DO DOLO EVENTUAL E DA CULPA CONSCIENTE NOS CRIMES DE TRÂNSITO

Abstract

The monographic study in question aims to elaborate a doctrinal, legal and jurisprudential discussion, based on the national penal doctrine, about the typification of traffic crimes that result in death, that is, drivers who drink alcoholic beverages, drive their cars and get involved in accidents in which there are fatal victims. The aim is, therefore, to investigate the current classification of this traffic crime, specifically, the conduct of the drunk driver, whether it would be an eventual intent or conscious guilt. With regard to the specific objectives of the study, the aim is to present the legal effects of the changes promoted by Law No. 12760/2012, as well as to compare what the legislation enacted in 2008, and the current legal text of 2012, provided for, in order to achieve a clearer picture of the transition between these legal diplomas. Aligning with the main objective of the work and with a view to the legal discussion that accompanies the operators of Law in the contemporary scenario, with regard to the problematic issue raised, the question is: the homicide caused by a driver in a state of drunkenness at the wheel, if does it fall into eventual intent or conscious guilt? The study here exposed consists of a bibliographic research, supported by current doctrine and Laws N. 11.705/08 and N. 12.760/12, as well as the Brazilian Traffic Code (CTB), in addition to seeking legal subsidies from the jurisprudential decisions of the national courts.