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CRIMINAL CONDUCT DUE TO DRUNKENNESS: CRITICAL EVALUATION OF BRAZILIAN TRAFFIC LEGISLATION
Medicine and Law
|February 15, 2019
Summary
Brazilian traffic laws inadequately address impaired driving involving substances beyond alcohol. Current legislation fails to establish clear parameters for other psychoactive substances and struggles with drivers invoking their right to silence.
Area of Science:
- Forensic Toxicology
- Criminal Law
- Traffic Safety
Background:
- Driving under the influence of alcohol and psychoactive substances is a significant public safety concern.
- Current Brazilian traffic legislation primarily focuses on alcohol impairment.
- There is a lack of specific legal provisions for other psychoactive substances in driving offenses.
Purpose of the Study:
- To critically evaluate Brazilian traffic legislation concerning impaired driving.
- To identify legislative gaps related to alcohol and other psychoactive substances.
- To analyze the legal implications of the right to silence in drunk driving cases.
Main Methods:
- Critical legal analysis of Brazilian traffic laws and related jurisprudence.
- Review of legislative frameworks concerning driving under the influence.
- Examination of constitutional rights in the context of traffic offenses.
Main Results:
- Legislation exhibits an exclusive focus on alcoholic beverages, neglecting other psychoactive substances.
- No effective parameters exist for assessing impairment by substances other than alcohol.
- The constitutional right to silence (Nemo tenetur se detegere) is invoked to avoid providing evidence for drunkenness examinations.
Conclusions:
- Brazilian traffic law requires significant updates to encompass a broader range of impairing substances.
- The application of the right to silence in drunk driving cases presents a challenge to law enforcement.
- Legislative reform is necessary to ensure effective deterrence and prosecution of impaired driving.
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