The certainty of impunity

The wave of traffic accidents in São Paulo persists. The scenario is almost always the same: young people, partying, drinking, and driving. In the most recent cases, the young drivers involved didn't even have driver's licenses! A clear example that these people are not at all concerned about society, disrespecting the laws in force.

But what could be the reason for so many irresponsible acts? In a quick analysis, it's possible to list several factors: the search for excitement, the desire to "show off," ignorance of the risks involved, a false sense of control, immaturity, among many others. But there is one reason common to all these acts: their perpetrators commit them because they are certain of impunity!

Ultimately, if a young person dares to drive without a license or drives after drinking all night, they have surely already assessed that the risk of being caught driving without a license or drunk is minimal and, therefore, it is worth the risk! The same analysis is made by criminals who assess the risks of their criminal actions, hoping to get away unscathed or to benefit from the flaws in our judicial system.

The Italian jurist Cesare Beccaria, in his book "On Crimes and Punishments," from 1764, already stated that only the certainty of punishment can deter criminal acts. Here in Brazil, we live in a climate of unease and uncertainty regarding the ability of our laws to effectively punish offenders. Whether due to lenient laws or the slowness of justice, the truth is that nobody is really punished!

Therefore, unfortunately, there has been a constant reaction from the population in the sense of promoting attempts to lynch drivers and delinquents, a clear indication that society is skeptical about the application of just punishment. It is clear that reducing speed limits on roads, installing speed cameras, and issuing fines are ineffective for those who do not have a driver's license.

Actions like conducting traffic stops are difficult because they require mobilization, organization, prior preparation, an adequate number of police officers, equipment (cones, reflective vests, patrol cars, communication), as well as the will and determination of the command. Reforming the judicial system does not seem to be a priority for the current government. Meanwhile, regrettable events continue to occur on the streets. Victims suffer and perpetrators go unpunished! How long will this continue?

Wilson Lourenço is the vice-president of FACESP, the Federation of Commercial Associations of the State of São Paulo.