As repercussões administrativas de conduzir veículo automotor sob a influência de álcool: um estudo sobre o confronto entre o princípio da segurança viária e as garantias do processo acusatório

Abstract

The objective of this article is to analyze the administrative consequences attributable to the driver of a vehicle driving under the influence of an alcoholic beverage, in breach of the current Brazilian legislation, the Brazilian Traffic Code, Law nº 11.275/2006, Law nº 11.705/08 and Law nº 13.281/16, demonstrating the history of the changes coming from these laws in the Traffic Code, to question constitutional aspects of the confrontation between the principles of road safety, of the fence to the production of evidence against itself and of the non-self-incrimination, with respect to the infractional framework of the one who refuses to perform the breathalyzer test. The methodology used is based on the bibliographical review, with the purpose of approaching the administrative measures applicable by law, aiming at the analysis of articles, with ballast in doctrine, jurisprudence and in statistical data.