Crime de perigo abstrato e constitucionalidade: embriaguez ao volante e as decisões dos tribunais de justiça dos estados do Rio de Janeiro e de Rondônia

Abstract

This research focuses on the concepts of first moment of danger crimes abstract and concrete. Extended the idea of crime and functions of the criminal law in contemporary society, as still evidence this area of law in the system and / or structure of the life world. The two cases of crimes danger abstract and concrete were proposed in studies concerning Article 306 of the Brazilian Transit Code - CTB treaty in the drunkenness when driving and the constitutionality or not the application of abstract danger of crime in the specific case. In this perspective the analysis is configured in the reports of the Tribunals of Justice states of Rio de Janeiro and Rondônia to signify typifications in question, as well as the intersubjective relations of the rapporteurs and the organization itself every judicial organ. These analyzes it was possible to get the interpretation of the differences between the crime of abstract and concrete danger present in incidences and / or occurrences traffic accidents in the two states respectively. In a third phase focused analyzes the socioeconomic and cultural studies that try to understand the phenomenon of transit in the city of Porto Velho, RO, whose accidents on public roads change modes of being and living on site. From the methodological point of view the idea is to conceptualize the crimes of concrete and abstract danger; the risks of modern society, if using often from Niklas Luhmann and Raffaele De Giorgi; Leonel S. Rocha; Renato de Mello Jorge Silveira; Jorge Luis Fortes Pinheiro da Câmara; Aparecida Luzia Alzira Zuin, Jürgen Habermas, Juarez Estevam Xavier Tavares; Eduardo Sanz de Oliveira Silva; Winfried Hassemer; Antônio Carlos Wolkmer e José Rubens Morato Leite; Diego Romero, among others. In order to understand what is danger in scope covered by criminal law, we take as a grounding theoretical Luiz H. Merlin; Sánchez Silva, Louis Greco, Claus Roxin, Nilo Batista etc. Besides these authors, the thesis is based on theorists Juarez Tavares, Luiz Alberto Machado; E. Raúl Zaffaroni; Alexandre de Moraes. Still, complemented with references with Luiz Regis Prado; Nilo Batista. Extends to the idea of abstract danger to crimes and criminal law Brazilian; here, we find subsidies in: Celso Delmanto; Luiz Flavio Gomes, among others. Is worth mentioning that this tuning fork the proposal is to conceptualize and exemplify the principles of criminal law legitimizing front of fundamental proposition of the Federal Constitution of 1988. Still, conceptualize and describe the objectives of the CTB; the applications legal or not of Article 306 of the CTB, and the definition and / or classification of "drunkenness" in this line of thought.