Dolo eventual e culpa consciente nos crimes de trânsito: requisitos necessários para análise da correta responsabilização penal

Abstract

This study aims to conduct an analysis of the complex distinction between conditional intent and conscious negligence in the context of drunk driving crimes in Brazil. The research addresses the problematic criteria used to differentiate these elements, which has led to contradictory court decisions and legal uncertainty. The general objective is to understand the existence of objective or subjective criteria for configuring conditional intent or conscious negligence and the criminal and procedural consequences that arise from each classification. To achieve the outlined objectives, the methodology used is bibliographic and documentary research, with an analysis of legal doctrine and legislation, focusing on rulings from Brazilian superior courts. The research adopts the deductive method, starting from general concepts of criminal law to apply them to the analysis of specific cases, in order to propose the adoption of objective criteria for more secure and consistent criminal responsibility. Therefore, the analysis of the agent's conduct, which considers parameters not specified by the legislator, is based on the judge's interpretation of the subjectivity of each case. This approach opens up space for contradictory and divergent decisions, even in very similar cases, which undermines confidence in the Judiciary, thereby compromising legal certainty, which is essential for the proper application of criminal law