A embriaguez ao volante e a ineficácia na prevenção e retribuição dos infratores diante do código de trânsito brasileiro: necessidade do endurecimento da pena

Abstract

The present work is the analysis of the ineffectiveness of preventive and retributive functions of the penalty related to offenses committed by drunk driver in traffic, this inefficiency resulting from the verification of the number of crashes involving drinking and driving. For this purpose it will be used as a theoretical framework the unitary theory of punishment, since this theory seeks to reconcile the need for legal retribution pen with the general prevention and special prevention purposes. During the work will defend that to make the functions of the most effective penalty, there is a need to increase the penalty imposed for the offenses at issue, taking into account current legislation related to crimes involving drinking and driving, as well as the structure of these criminal offenses and also the legal ward well, keeping in mind also the principle of proportionality, more specifically in its bias ban on failure. The objective is to demonstrate that the increase in the proposed penalty is legitimate, since there is no incidence of selectivity of the criminal justice system in traffic crimes, and there is therefore the intention of punishing "enemies" specific or punish certain stereotyped individuals. In addition, it is proposed in this research, in addition to increasing the sanction of punishment, must concurrently adopt up additional measures aimed at drinking and driving, such as education policy adoption, implementation of an effective supervision and the improvement in engineering Traffic. Defender It will be, too, that, besides the increase of the sentence, there should be the role of the government in order to give instruments to enable the concreteness and effectiveness to the current penal law, taking measures to ensure that the offender has minimum conditions of dignity when the completion of his sentence. The listed points will be analyzed through the current traffic laws as well as consulting the bibliography of articles, laws and doctrinal material. At the end of this paper seeks to highlight the need for increased restraint applied penalty, to give effect to the retributive and preventive functions of the punishment.