Alcoholism and traffic

Between Eventual Intent and Conscious Guilt

Abstract

This study aims to analyze the characterization of any intent or conscious guilt in traffic homicide by alcohol. Showing the position of jurisprudence and theorists on the subject. This monograph was based related to doctrine and jurisprudence, as well as books and scientific papers, as well as consultations with the legislation. Before starting the central theme were addressed the consequences of alcohol, a drug widely accepted, and a review summary of legislative inflation in Brazil. The development of this work of the distinction between the concepts of eventual intention institutes and conscious guilt. Demonstrating the elements used by Brazilian jurisprudence to distinguish the two institutes in specific cases where the agent drunk driving vehicle resulting in homicide. The correct differentiation between any intent and conscious guilt is required, since penalties stipulated crimes with the eventual intention are superior to those provided for culpable crimes. It was concluded that there is still no unanimous position between theoretical and case law, it is understood that while there is likely to be attributed to the agent by way of any deceit in front of his conduct, it is seen that the most consistent is the use of conscious guilt.