O dolo eventual em sede de delitos na condução de veículo automotor: análise da jurisprudência pátria sob a ótica do direito fundamental à liberdade de locomoção

Abstract

This study aims to demonstrate the validity of decisions taken by our courts and the possibility of there having been a breach of the rigth law of locomotion on the application of more severe penalties in cases which should be under the convict guilty modality. So part of the thematic study on the Dolo Possible, “dolus eventualis,” in the case of traffic offenses, with a focus on national and foreign doctrine on the subject in confronting decisions taken by our courts. First, it mentions the deceit concepts of guilt and theoretical distinction between the possible malice and conscious guilt, then moving on the preparation of a detailed study about traffic offenses and the institution of the jury. Explains the possibility of conflict between the principles – of sovereignty of the verdicts and the in dubio pro reo. There will also be a detailed analysis of the case law of the Courts of the five regions of the federation, the Superior Court and the Supreme Court as well as the law about the eventual intention of some countries. Finally, it will be studied some hypothetical cases where the presence or absence of infringement of the fundamental right to freedom of movement will be checked. In place of final conclusions, will be given suggestions to reduce violence in traffic without serious harm to constitutional guarantees.