A responsabilização criminal e administrativa do condutor que dirige sob o efeito de álcool

Abstract

The present study is stated in the reflection and discussion about comprehending the potential administrative, civil and criminal implications educed to the driver, who take the risk of driving under the alcohol effects or other similar substance. The search was based on a brief study of legislative modifications found at the Brazilian Traffic Code (CTB), with the aim of reinforce the rules regarding the driver who guides while inebriate. Besides that, with the same intent of punishing with more severity, since the number of accidents was kept a great challenge for the authorities, a preponderant factor to create the Law nº 11.705 of 19 June 2008, popular known as Dry Law, which turns in abstract danger crime the offence of driving while inebriate. However, the main objective of this study was to comprehend the administrative and criminal accountabilities of the driver, who takes the risk of driving under the alcohol effect or other similar substance, who has changed feelings, which result in involvement in traffic accident with victims and your possible accountability perceived in the evolution of laws. Other important matter that was highlighted was the proceedings of the Bill of Law nº 32/2016 which attends to verify the possibility of the significant encumbrance of the Health Care System (SUS) by the treatment of the traffic victims, as well as the medical and hospital expenses which are responsibility of the driver who caused the accident, after unappealable case, exonerating the State and each one of us, who support jointly with the costs and expenses paid by all of us taxpayers. We finish by bring up the Mato Grosso scenario, Sesp’s tasks and the 15 Integrated Public Safety Regions (RISP’s), the intensification of integrated actions of Dry Law since 2015 whose aim is to protect lives at the traffic, in order to perform the operations in a most successful way, as well as the educational and awareness of population campaigns.