Dolo eventual ou culpa consciente: análise dos julgados dos crimes de homicídio culposo na direção de veículo automotor estando o motorista sob influência de álcool ou outras substâncias psicoativas

• Autor(a) principal: Firmiano, Vitor
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15455
• topic: Embriaguez; Homicídio Culposo; Código de Trânsito Brasileiro

This research aimed to analyze the judgments of the crimes of manslaughter in the direction of a motor vehicle when the driver is under the influence of alcohol or other psychoactive substances, especially after the insertion of § 3, article 302, of the Brazilian Traffic Code, the sentence passed to be imprisoned for five to eight years, causing divergence as to the principle of proportionality, compared to the penalty provided for manslaughter, typified in the Penal Code. A study was carried out based on the analysis of 20 (twenty) cases judged by several Federal Court of Justice. Data collection was performed by searching the website of this court, by searching for key words (drunkenness; wrongful death; article 302; possible fraud; conscious guilt). The results indicate that there is disagreement as to the characterization of eventual fraud or conscious guilt, since, depending on the subjective type, the judgment will be made in a totally different way. It was observed that, there is no “formula” to frame a situation in willful crime and another in culprit crime. It was found that drunkenness alone is not a reason to be brought to trial by the Jury Tribunal. The results showed that, among 20 (twenty) decisions, 7 (seven) were considered intentional crimes, while 13 (thirteen) judged were classified as culpable crime. Another point to be noted was that accidents occurred most often between Friday and Sunday, between 4:00 pm and 8:00 am. The main defensive thesis to try to disqualify the willful crime is that the conduct of drunk driving is found in the special legislation, coupled with the fact that it cannot conclude what the agent's will was at the moment of the accident, that is, if he acted with eventual intent or conscious guilt. Finally, it was found that the legislative change did not have a positive impact, given that the penalty is concise compared to the penalty provided for in the Penal Code.