A prova nos crimes de dirigir sob efeito de álcool

Abstract

This is a matter monograph about the proof of driving under the influence of alcohol crimes. focusing on issues arising from the inefficiency of evidence of this kind of crime and for an object to identify the positive and negative aspects of each from the perspective of criminal prosecution. Chapter 1 will be presented an account of the evolution of the Brazilian traffic legislation regarding drunk driving, that is, as the area was governed and how it was with the current edition of Traffic Code and subsequent reforms. In chapter 2 to study the criminal type that defines the driving drunken crime, with its constituent elements, the ward legal interest, the subject and its consummation time and the figure of the attempt. Chapter 3 will address the intoxication of medico-legal point of view, its general considerations, its stages, its effects on the human body and its diagnosis. Chapter 4 will examine the evidence expressed in the Traffic Code and its nuances. Based on the studies of the previous chapters, Chapter 5 will show a critical analysis of the effectiveness of each piece of evidence. As a result, the final considerations will point out that, analyzed in isolation, none of the evidence referred to in the traffic law would be able to reveal more than mere evidence of materiality criminal offense, unable to support a conviction and break the principle of presumption of innocence and concluded that the way to determine more precisely how dangerous the conduct of the driver who drives under the influence of alcohol, ensuring the success of the criminal prosecution and preventing impunity, would be the combination of all the evidence or at least all those who become possible at the time of service and the fact the registry.