Homicídio e lesão corporal por embriaguez ao volante: dolo eventual ou culpa consciente?

Abstract

The doubt between the application of possible fraud or conscious guilt in crimes caused by drunk driving is recurrent and disrupts the legal system. Therefore, the present study aims to analyze whether in cases of homicide and bodily injury caused by those who drive while under the influence of alcohol, possible intent or conscious guilt is applied. The research opts for the comparative method, which allows comparing the aforementioned institutes, based on the cases of homicide and bodily injury due to drunk driving. As a procedure, this work will be carried out by means of bibliographic review, case study, specifically of the legislation regarding the modalities on screen. Thus, the study fulfills that to define whether in the specified hypotheses there was indirect intent or predicted fault, it is necessary to analyze the specific case, verify evidence, elements and circumstances.