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Even without killing someone, drunk driving is a crime, says the Supreme Court.

A Supreme Court decision released today deems drinking and driving illegal, even if it does not cause harm to third parties; the "abstract danger" argument, proposed by Justice Ricardo Lewandowski (above), prevailed by a 6-5 vote on September 27.

Even without killing someone, drunk driving becomes a crime, says the Supreme Court (Photo: Roosewelt Pinheiro/ABr)

247- Driving while intoxicated, even if it doesn't cause harm to anyone, is a crime. The decision was made by the Supreme Federal Court, which considered the act (drinking and driving) illegal and compared it to the illegal possession of weapons.

"It is not necessary for someone to actually commit an illegal act using the weapon. The mere possession of a weapon constitutes a crime of abstract danger because other assets are at stake," said Minister Ricardo Lewandowski.

The Public Defender's Office attempted to challenge the decision, arguing that it is inappropriate to punish "behavior that is merely inappropriate" and does not cause harm to anyone. However, with six votes in favor and five against, the Supreme Court denied the habeas corpus petition filed by the Public Defender's Office. Until then, it was only considered a crime if the drunk driver caused some damage or acted recklessly.

Article 306 of the Brazilian Traffic Code states that anyone driving a vehicle with a blood alcohol concentration equal to or greater than the permitted limit may face a penalty of six months to three years imprisonment, a fine, and suspension of their driver's license.

On September 27th, the Brazilian Supreme Court (STF) denied a habeas corpus petition filed by a driver from Araxá (MG), who had been charged with drunk driving. In the first instance, the driver had been acquitted because the judge had considered that drunk driving only becomes a traffic crime when the act causes some damage. The Court of Justice, however, understood that there had been a violation of the law.