Desvelando a embriaguez ao volante frente ao princípio do nemo tenetur se detegere

Abstract

The scope of the present work is a study about the administrative and criminal offense of driving drunk, forward the constitutional privilege against self incrimination (nemo tenetur se detegere). The theme discussed here is divided into three chapters. In the first, some considerations were written about the drunkenness matter. Subsequently, it has been analyzed the administrative and criminal offense of driving drunk, especially after the modifications introduced by the Law n. 11.705/08. After, it has been discussed the (un) constitutionality of the current wording of Article 306 of the Brazilian Traffic Code against the principle of harmfulness or offensiveness, as well as discussed the "Lei Seca” in the light of retroactivity of criminal law. Next, it has been studied the criminal consequences of the Law 11.705/08 on the upper bound of driving drunk. In the second chapter it has been analyzed the(new) forms of proof of the crime of driving drunk according to the Law n. 11.705/08. In the third and final chapter, it has been researched about the principle of nemo tenetur se detegere and the evidence which depends on the cooperation of the accused and the limits provided by that principle, also, it has been studied the incidence of constitutional privilege under the Portuguese Law. Finally, it has been attempted to present some possible solutions to the impasse of the impunity in the traffic under the focus of the fundamental rights and guarantees.