A nova Lei Seca (Lei 12.760/12): análise e desafios para redução das mortes no trânsito brasileiro

Abstract

The present work analyzes the Brazilian traffic laws, especially Law 12,760 / 12, the innovations it brought to the planning and the practical effects in control and, consequently, reduce deaths from traffic accidents in Brazil. The first Brazilian traffic rules dating from the Empire and since then we notice a daily struggle between the legislature and the development of means of transport and driving behavior. The Brazilian Traffic Code (BTC) 1997 is considered the fourth generation of coded traffic laws, he was a milestone in practical effect, influencing the automation of some behaviors that were not common to Brazilians. We can mention, for example, the use of seat belts. He could also make effective supervision and the imposition of penalties, through a national system of structured and interconnected traffic, enabling communication between the organs. However, this study shows that in the aspect concerning the supervision of alcohol and other drug driving, the BTC was created with flaws and gaps that become, in practice, their rules without effect. There were two major changes, one in 2008 and another in 2012 that gave new clothing and allowed to consolidate in practice its rules. In this study, we will see the evolution of the rules until we get to Law 12,760 / 12, which marked this type of inspection. We will see the changes that she provided and the increase in supervision and effect on accidents and deaths. Therefore, we discuss the concept of psychoactive substance, its classification and the influence of some drugs on psychomotor ability of drivers. Through the statistical monitoring and traffic accidents show the practical effects of the law and its effectiveness.