Analysis of the crime of Homicide committed by a driver with altered psychomotor capacity due to the influence of alcohol or another psychoactive substance that determines dependence

This article aims to analyze the controversies and legal discussions around the crime of homicide committed by a driver with altered psychomotor capacity due to the influence of alcohol or other psychoactive substance that determines dependence, seeking to know which crime will be framed in each case and what will determine that framing. The dangerous mixture of alcohol and driving has been the cause of many traffic accidents in Brazil and has generated many legal discussions when thinking about the judgment of the drunk driver who caused the accident with a fatal victim, discussing whether this driver acted with eventual intent, being subject to the jury procedure for willful murder, or if it was with conscious guilt, in that case he will be judged for wrongful death within the competence of a single judge. It can be concluded at the end that since it is a subjective element, proving the eventual intent is extremely difficult, requiring more conducts by the driver for this proof, the simple fact that he is under the influence of alcohol or other psychoactive substance is not enough.