Perigo concreto e perigo abstrato: um estudo dos crimes de trânsito à luz do juizado especial

Abstract

Every day more and more the number of automotive accidents caused by noncompliance with traffic regulations. This high number of accidents is worrisome in view of its serious consequences, ranging from material damage, bodily injury and even death due to impacts. The work carries out a thorough study of traffic crimes in the light of the Special Criminal Court. By means of doctrinal, statistical and jurisprudential analyzes, the high incidence of the crimes mentioned above will be verified in the Special Court. The problem in question is the classification of the danger of harm, going through the analysis of the legal, individual and supra individual assets, as well as the whole understanding of the country about the classification of crimes in crimes of concrete danger of damage and crimes of abstract danger of damage. After an analysis of all traffic offenses, the crime of unapproved motor vehicle direction was elected for further investigation. After the research, the need to expose the legal good to the concrete danger of harm is concluded, in view of the majority jurisprudence, as well as the manifestation of much of the doctrine in the same sense.