DRIVING ACCIDENTS: CONSCIOUS GUILT OR INTENTIONAL MISCONDUCT? TRAFFIC ACCIDENTS RESULTING FROM DRUNK DRIVING: CONSCIOUS FAULT OR EVENTUAL INTENTION?

Abstract

In view of the fine line between intentional misconduct and conscious guilt, the general objective of this paper is to identify how the Brazilian judiciary has positioned itself in judgments of traffic accidents resulting from a driver’s intoxication while driving a motor vehicle, pointing out whether the majority position is that the perpetrator’s conduct will always be carried out with intentional misconduct, or whether, differently, it is possible for the perpetrator to carry out the conduct with conscious guilt. This is a study in the field of Criminal Law, carried out by means of a bibliographical, legislative and jurisprudential survey. It conceptualizes the criminal institutes and demonstrates the differences between indirect intent and conscious guilt in the practical field. It presents the criteria that have been adopted by the Judiciary for the effective punishment of criminal offenses. It concludes that, even in the face of the criteria, there is still a demand for explanatory legislation that provides greater legal certainty for the legal operator and avoids injustice.