Abstract:
The present work deals with a legislative and doctrinal study about the typification of the conduct of homicide practiced in the direction of motor vehicle under the influence of alcohol or psychotropic substances. It is the crime of traffic homicide, typified by § 3 of article 302 of the Brazilian Traffic Code. Statistics have shown that even after the promulgation of the Seca Law (Law No. 11,705 / 2008), the number of deaths due to the dangerous combination of alcohol and management still alarms and demand from the authorities a more effective position to punish the agents and thus inhibit such conduct by saving lives and making transit a safer place. Faced with such a reality, a bibliographical research based on doctrines such as Jesus (2010), Marcão (2017) and Gomes, Paulino and Paulino (2019) was proposed, as well as scientific articles published on the SCIELO website and in Brazilian jurisprudence, for that the following question could be clarified: the typification of homicide proposed by §3º of article 302 of the CTB is a new form of manslaughter with the qualifying drunkenness or it is a legislative bait that benefits the agent, making Lei Seca more soft in practice? To answer this question, the research was divided into three chapters, the first of which dealt with the different legal treatments that the homicide practiced by drunken driving had already had in Brazilian law. The second chapter studied the criminal type proposed in the aforementioned legal device, trying to distinguish the elements of manslaughter. Finally, the third chapter listed the changes brought about by Law no. 13.546 / 17 to the Seca Law, making a doctrinal discussion about its effectiveness and legal scope, concluding the inefficiency of this new legal treatment of traffic homicide under drunkenness, since it made penalties more lenient and removed the possibility of the agent being indicted for willful homicide.
