EVENTUAL INTENT AND CONSCIOUS GUILT IN TRAFFIC HOMICIDE CRIMES INVOLVING ALCOHOLIC DRUNKENANCE

Abstract

This research is limited to the study of the crime of homicide in traffic as an act recommended in the field of possible intent and its corresponding conflict with conscious guilt. The general objective of this study was to analyze the theoretical foundations that support the characterization of the aforementioned criminal law institutes in circumstances involving homicide caused by a drunk driver. The specific objectives were to understand the legal aspects of fraud and its forms; explain the legal configurations of guilt and its peculiarities; and discuss the doctrinal and jurisprudential positions regarding the characterization of possible intent or culpability in homicides committed by drunk drivers. The deductive method of approach combined with the bibliographic research procedure was adopted. For conscious guilt to be configured, it is essential that the agent foresees the result, does not want it, nor does he accept it, therefore trusting that he will be able to avoid it. As for the characterization of possible intent, it is imperative that the agent foresees the result, does not want it directly, but accepts it, thus being indifferent regarding the consequence of his act. Although the national traffic code only admits the culpable modality in circumstances involving homicide in traffic, it was highlighted that both the doctrine and the national jurisprudence have already admitted the configuration of possible intent in that situation by, therefore, aggravating the agent's sanction, as seen in the decisions of the Federal Supreme Court. It was concluded that a drunk driver who commits a traffic offense must be held liable for intentional crime in the eventual modality as long as the consent of the agent and the predictability of the event are present.