Da (in)eficácia sócio-jurídica do art. 306 do Código de Trânsito Brasileiro ante os institutos despenalizantes do direito processual penal pátrio

Abstract

The World Health Organization in its latest report on traffic violence concluded that the reduction of accidents in the world has not reached significant numbers. It was no different in Brazil, where most of these incidents involve alcohol consumption and motor vehicle driving, according to data from the Federal Highway Police and the National Traffic Department. This fact can be explained by the social acceptance of the conduct, which is reinforced in the application of decriminalizing procedural institutes, such as the agreement of non-criminal prosecution and the conditional suspension of the process. Analyzing from the perspective of the relative theory of the penalty, which has as its main focus the general and special prevention of the commission of crimes in an organized society, the feeling of impunity, derived from the softening of the penalties imposed by the Criminal Law of the Country, generates a non-change of paradigm, which leads to the socio-legal ineffectiveness of article 306 of the Brazilian Traffic Code in preventing the consumption of alcoholic beverages associated with driving and its repercussions on public roads.