As controvérsias acerca da natureza jurídica do crime de embriaguez ao volante a partir da “nova lei seca” e as alterações por ela promovidas

Abstract

The present work aimed to theoretically contribute to the issue of drunk driving in Brazil, containing a study of the evolution of the treatment by the national legal system to that conduct, conducted through literature searches, including doctrines and jurisprudence, as well as through consultation and analyzes of legislation on the topic, since the original Brazilian Traffic Code 1997, through Law No. 11,705/2008 (the first "Dry Law") to the latest modifications introduced by Law No. 12,760/2012 (the "New Dry Law”). The entry into force of that diploma, however, besides more rigorously punish the corresponding administrative offense caused certain doctrinal divergences especially in regard to the crime of drunk driving and have provoked debates about the legal nature of this crime. Thus, the research was to understand the genesis, content and objectives of the "New Dry Law".