Julgamento do habeas corpus nº 107.801/SP pelo Supremo Tribunal Federal: a possibilidade de dolo eventual no homicídio de trânsito cometido por agente com embriaguez não acidental.

Abstract

This work provides a study on the possibility of eventual dolo in a transit homicide where the agent, not accidentally, got in a drunk mental state. In Brazil, there's a lot of discussion about the transit murder. There's still divergence between the framing of the act into an intentional homicide (art. 121, caput, of Criminal Code) or imprudent homicide when driving a motorized vehicle (art. 302, caput of Brazilian Transit Code) in the cases where the agent was drunk while driving the vehicle. But, on september sixth, 2011, the Supreme Federal Court, through its First Group, made the judgement of the number 107.801/SP Habeas Corpus, in which it rejected the idea that the drunkenness is an evidence capable of solely prove the existence of eventual dolo. In order to analyse the number 107.801/SP Habeas Corpus, whose judgement influences the brazilian judicial activity, the dolo and drunkenness institutes were analysed and defined through an observation of the doctrine, with focus on the eventual dolo and accidental drunkenness. Right after, a study on the brazilian jurisprudence about the dolo in the transit homicide when the agent is drunk is done. As the way the case was being judged made the Supreme Federal Court judge the number 107.801/SP Habeas Corpus in a special form, the content of the judgement of this Habeas Corpus is examined from point to point. At the end, by using the data obtained, the jurisprudential and doctrinaire comprehension are shown, and, by using them, the possibility of eventual dolo in a transit homicide realized by a not accidentally drunk agent is checked.