Dolo eventual e a culpa consciente nos delitos de homicídio no trânsito

Abstract

This article aims to demonstrate the difference between the guilty homicide predicted in the Brazilian Traffic Code and the intentional homicide predicted in the Penal Code, addressing the aspects of guilt and intent, with an emphasis on conscious guilt and eventual intention. It is necessary to distinguish the differences between intent and guilt, since it generates controversies in the crimes of homicide involving motor vehicles, because there are applications of possible deceit in cases which the intent mode is characterized by the agent being in excess of speed or drunk. On the other hand, it will be pointed out the reasons why drunkenness and speeding should not be used exclusively as parameters to characterize the intention of the agent. Also highlighting the great clash of whether the agent assumes the risk of producing the result death, not caring about the legal right life, or they were aware of the risk of injury to this legal right but believed that would not happen.