Crime de embriaguez ao volante: considerações acerca das recentes alterações legislativas à luz do código de trânsito brasileiro

Abstract

The present work shows the factors that guide the crime of drunkenness at the wheel, demonstrating for example that the consumption of alcoholic beverages is directly related in the life of the human being and its effects can be seen in several aspects. It shows that the Brazilian Traffic Code has undergone some changes, one of the most controversial being Law No. 11,705, dated June 19, 2008, which amended art. 306 of the Brazilian Traffic Code, which incriminated the driver who presented himself in driving a motor vehicle with a concentration of 6 decigrams per liter of blood. This law excluded from the previous text the expression "exposing potential harm to the safety of others". This change has given rise to many doctrinal discussions about the suppression of this expression, since some understand it to be the unconstitutional law, due to the change in the criminal type that was of concrete danger and happened to be of abstract danger, as well as of the driver's requirement to submit to the evidence since its refusal makes it impossible to check the level of alcohol in the blood. Thus without determining the level of alcohol in the driver's blood there could be no crime of drunken driving, as this is the determining factor to configure the crime. After this controversy, art. 306 of the Brazilian Traffic Code had to be amended again through Law No. 12.760 / 12 called "New Seca Law", which is also the subject of discussions mainly on the means that the legislator has appointed to establish the crime.