Deaths caused by drunk driving

There is a bill in the Chamber of Deputies, authored by me, stating that "the act of negligent homicide while driving a motor vehicle is not subject to bail when the perpetrator is under the influence of alcohol or a toxic or narcotic substance."

The proposal amends Article 320 of Law No. 9.503 of 1997 – the Brazilian Traffic Code – making the legal treatment more rigorous in cases where drunk drivers cause deaths in traffic accidents.

According to the Ministry of Health, half of all traffic deaths involve drunk drivers, a fact that contributes to our country ranking third in the world for traffic fatalities. In 2010, Brazil surpassed the United States with approximately 50 deaths per year.

In the same spirit as the Bill, the Supreme Federal Court (STF) has just ruled in favor of conscious negligence in traffic deaths caused by drunk drivers. Nothing could be more correct than the STF's decision, because what we have witnessed is that irresponsible drunk drivers kill and then benefit from the decision to "respond in freedom," upon payment of bail set by a judge, in cases where the offender is a first-time offender.

The Supreme Federal Court's decision was innovative on the subject, when judging the case HC No. 107.801/SP (September 2011). Following the vote of Justice Luiz Fux, the Court concluded that it becomes easier to classify the act (killing in traffic), involving drunk drivers, as a willful crime (with the intention to kill) and not a negligent crime (without the intention to kill).

Some believe that the Supreme Court's decision doesn't fully clarify the problem, but if my bill becomes law, no motorized murderer will face trial while free, as is the case today. They must be brought to justice, like any common murderer. Indeed, even when caught in the act, the offender is often released days later on bail, and the justice system takes a long time to respond to society. Furthermore, a drunk driver who kills someone can be sentenced to a maximum of four years in prison. If it's their first offense, they serve the sentence in freedom.

If the rule I propose were already in effect, we would not passively witness the deaths of over one hundred Brazilians and the injuries of 3 people each year, without any punishment for their drunken assailants.