A nova Lei Seca (Lei 12.760/2012): uma abordagem dos meios de prova do crime de embriaguez ao volante

Abstract

The academic project that begins addresses on the introduction of new evidence by Law 12.760/2012 to Article 306 of the Brazilian Traffic Code, capable of proving the drunkenness of the driver and the consequent alteration of psychomotor ability. To do so, has aimed at analyzing whether the evidence techniques (breathalyzer and blood test) will remain the main evidence for the characterization or not the offense of drunk driving in the face of possible disputes arising from other evidence now admitted due to questionable subjectivity attributed to them. We also intend to analyze the Law 12.760 to conclude whether this time the legislature has complied with the constitutional principles and the actual harvest of allowing criminal that the offense regained its applicability or if we are again faced with more of the same lack of legislative technique brought to the Law 11.705/2008.