DOLO EVENTUAL E CULPA CONSCIENTE NOS CRIMES DE HOMICÍDIO NO TRÂNSITO

Abstract

The present work intends to analyze a better application of Eventual Dolo and Conscientious Guilt in traffic homicide crimes, considering that there is great controversy in jurisprudence and doctrine. By understanding, there is a difference between one and another institute, which causes confusion in its application in specific cases. Thus, we have the problem of this research revealing the great conflict of jurisprudence and doctrine in defining what should be adopted by the judge in the concrete case. The objective is to identify the criteria used by the judge in the application of one or another institute, examining some judgments handed down by some Brazilian Courts. In order to provide a theoretical support that provides consistent bases for analysis, the deductive method was adopted, using the technique of bibliographic and jurisprudential research with the purpose of enriching the debate. Considering that these two concepts are very close, the difference between one and the other causes a disarray to legal interpreters. Therefore, the work in the first part reports the concepts of eventual will and conscious guilt, demonstrating their species. Right after the differentiation between eventual intent and conscious guilt, which is broad and found in the volitional element, pointing out the application of the intentions of conscious guilt and eventual intent, based on doctrinal and jurisprudential positions, and should be done according to each specific case and observing their objective circumstances, in which in both situations the agent's representation of the result will occur. Finally, a brief clarification about traffic laws, highlighting the importance of this protection and presenting the legal provisions arising from the intent and guilt of homicides caused by drivers of motor vehicles. Key words: Eventual misconduct; conscious guilt; Bra