EMBRIAGUEZ AO VOLANTE: UMA ANÁLISE DA EFICÁCIA DA LEGISLAÇÃO BRASILEIRA

Abstract

Drunk driving is a crime that daily destroys countless families, leaving victims, in addition to causing trauma and sequelae. In this work, an analysis will be made to cases involving drunk driving. In addition to this analysis, the conducts carried out by reckless drivers who assume the responsibility, or lack thereof, of driving while intoxicated will be studied, offering risk to society as a whole, in addition to putting their own lives in danger. These conducts, which will be analyzed together with the penalties that are attributed to these crimes, through the Brazilian Traffic Code and the Brazilian Penal Code. The main objective of the research is to demonstrate how the Brazilian penal rules are flawed, in general. To obtain a concrete result, theoretical references will be used that will give clues to the theme. These concepts will be based on the reading of: Estefam, Almeida and Tasoko, in addition to scientific articles and texts focused on the theme, and finally, books found in the FacMais Faculty collection. After carrying out the studies, the result of the ineffectiveness of penal rules is reached. The legislator's lack of control in punishing the offender is colossal. The crime continues to exist recurrently, and one of the main reasons is the great impunity; impunity that is printed daily in the mass media. Upon completion of this work, it is understood that the legislator must review the penal rules, giving more emphasis to punishment, and broadly and aggressively increasing inspection, aiming at a sharp reduction in these crimes. In addition to projects that enable the consent of drivers to the risk that the combination of driving a motor vehicle and drinking alcoholic beverages may entail.