Open AccessASPECTOS JURÍDICOS DE HOMICÍDIO CAUSADO POR EMBRIAGUEZ AO VOLANTE
Author(s) -
Pedro Victor De Souza Pavezi,
Airton Rodrigo Guelfi
Publication year - 2018
Publication title -
colloquium socialis
Language(s) - English
Resource type - Journals
ISSN - 2526-7035
DOI - 10.5747/cs.2018.v02.nesp2.s0272
Subject(s) - homicide , punishment (psychology) , criminal code , code (set theory) , criminology , law , set (abstract data type) , political science , subject (documents) , psychology , sociology , criminal law , social psychology , computer science , poison control , human factors and ergonomics , medicine , library science , environmental health , programming language
This article aims to show the legal aspects of homicide caused by drunken driving, bringingjudgments, laws and doctrinal understanding to the respective subject. Currently, it is observedthat the Brazilian judiciary has two different aspects to crime of homicide caused by drunkendriving, the first aspect of manslaughter, set out in the caput of article 302 of the Brazilian TrafficCode. On the other hand, it is intended the intentional homicide, the one written in article 121 ofthe Criminal Code, considering as possible fraud, that is, the author assumes the risk and follows inthe execution of the inter criminis, having as punishment more severe than the of article 302 ofthe Brazilian Traffic Code. Finally, mere work brings decisions from Brazilian higher courts, it alsoaddresses majority and minority decisions, and the one that is most applied in final decisions