CRIMINAL CONDUCT DUE TO DRUNKENNESS: CRITICAL EVALUATION OF BRAZILIAN TRAFFIC LEGISLATION

This study aims to carry out a critical evaluation of the traffic legislation in Brazil, regarding drivers' criminal behavior due to alcohol and other psychoactive substances abuse while driving a motor vehicle. First thing to note is the legislation exclusive focus on the use of alcoholic beverages by drivers. No effective measures were taken to elaborate parameters for gauging in cases involving other psychoactive substances. Another issue is the drivers' right not to supply the organic material required for the examination of drunkenness, since it would collide with the constitutional right to remain silent, the more traditional manifestation of the principle of criminal law named Nemo tenetur se detegere. Today, the invocation of such right is rather a way of trying to avoid punishment by the law.