Meios de constatação da alteração da capacidade psicomotora diante das modificações legislativas do artigo 306 do Código de Trânsito Brasileiro

Abstract

This work sought to analyze the legislative changes in the criminal aspects of art. 306 of the Brazilian Traffic Code (BTC), as well as what were the changes about the evidentiary criteria of psychomotor alterations for criminal classification. In Brazil the use of alcoholic beverages and/or psychoactive substances brings consequences to society, especially when there is a combination of those with the driving of an automobile vehicle, thus there are traffic accidents. In view of the wording of article 306 of the CTB, we can see fundamental points to be analyzed, among them the terms psychomotor capacity, alcohol and psychoactive substances. The National Transit Council through Resolution no 432/2013 "provides for the procedures to be adopted by the transit authorities and their agents in the supervision of the consumption of alcohol or other psychoactive substance that determines dependence, for the application of the provisions of arts. 165, 276, 277 and 306 of Law no 9.503, of 23 September 1997- Brazilian Traffic Code (CTB)". The resolution, which will also be the subject of analysis of this work, based on objective criteria, highlights that the confirmation of the change in psychomotor capacity due to the influence of alcohol or another psychoactive substance that determinesif it is done by means of at least one of the following: blood test; tests carried out by specialized laboratories, indicated by the competent transit agency or authority or by the Judicial Police in case of consumption of other psychoactive substances that determine dependence; test in apparatus for measuring the alcohol content in air (etiometer). Finally, educational awareness of individuals when not using substances that alter the motor and driving ability of motor vehicle.