Embriaguez e o crime de homicídio no trânsito: dolo eventual ou culpa consciente

Abstract

The present work search to analyze the institutes of the eventual fraud and of the conscious fault in the homicide crime in the traffic, when the agent finds intoxicated her. Since in rule, the Brazilian legislation considers that the homicide crimes in the traffic are committed by agents that act with fault. However, the countless accidents of traffic that happen daily at the whole country has been showing us that situations exist in that the presence of some conducts provokes doubts regarding the subjective element of the crimes of traffic. Exposing the problem that there is a real and urgent need of the Brazilian tribunals consider that the homicide in the traffic can be caused with eventual fraud and, consequently, punished with more rigidity to preserve the right to the life, to avoid the backsliding and the impunity.