The crime of driving a motor vehicle with reduced capacity because of alcohol in the Brazilian transit code

Abstract

 The purpose of this article is to address the crime of driving a motor vehicle with reduced capacity due to alcohol, raising questions regarding the ways in which this conduct is observed, in compliance with the dictates of the Brazilian Traffic Code (Law 9.503/97). The rates of traffic deaths associated with alcoholic beverages in Brazil, do not stop growing, in this way, it was realized the need to carry out rigorous changes in the aforementioned Traffic Code. Thus, this Code reserved in its body, a part to deal with traffic crimes, providing, with this, about the aforementioned crime in a comprehensive way. The purpose of the legislator is to make drivers who drive intoxicated responsible, imposing zero tolerance on such conduct. In this sense, the so-called New Dry Law (Law 12.760/12), brings significant changes in art. 306 of the Traffic Code. These changes are reflected on the means available to configure the crime of drunk driving, dealing with the criminal type of crime, the psychomotor capacity of the driver, the expansion of the scope of its incidence, among others. In spite of this, it is worth noting that these changes are the subject of considerable controversy on the part of the doctrine, which will be demonstrated throughout the study. Furthermore, the fact that the protected asset in traffic is life is noteworthy, therefore, it is not enough for the legislator to draft a law of such relevance if the driver does not pay attention to the issue that his attitude when driving a motor vehicle with reduced due to alcohol, causes danger to him and to the community.