Clipping of news on Brazilian Culture, Law and Citizenship
03/29/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
SAO PAULO - The Supreme Court (Supreme Court) defined, on Wednesday, just the breathalyzer test and blood test can prove the intoxication of the driver in a criminal action.
The position was defined by five votes in favor of the decision, four votes against supporting the expansion of the means of evidence.
In the opinion of most ministers, Prohibition brought objective criteria for the characterization of the crime of drunkenness, certified by Article 306 of the Brazilian Traffic Code. It is necessary to prove that the driver is driving under the influence of at least six decigram of alcohol per liter of blood and that this value can only be confirmed through blood test or breathalyzer test.
"If the criminal offense is closed and requires a certain amount of alcohol in the blood, unless you change the law, the judge can not assert their belief contrary to what the law says," the minister said Maria Theresa, who was responsible for voting decided to vote.
Quality of laws
The judge called for a vote, Adilson Macabu reported that in practice there is a significant drop in the quality of law, however, in his opinion, this does not give the judge the power to legislate.
"Traffic always kill, kill and kill, but it is up to Congress to establish the rules to punish, not to expand the judiciary law. You can not weaken the protective shield of the individual in the face of the punitive power of the state, "said Macabu, referring to the possibility of the driver refuses to take the exam.
The minister also criticized Og Fernandes the change brought about by Prohibition, which now requires minimum amount of alcohol in the blood, atestável only two kinds of exams, making the rule more beneficial to the offending driver.
"It's extremely stormy for the judge faced with this failure," he said. But he concludes: "criminal matters is governed by typicality, and the judge should be subject to law." The minister Maria Thereza de Assis Moura, likewise, noted that changes in the law can only be made by the legislature.
Source: The Day on Line
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This article was translated by an automatic translation system, and was therefore not reviewed by people.