Problems related to the determination of the punishment in the crime of driving while intoxicated resulting in very-serious injuries or death

Abstract

The purpose of this paper is to examine some problems related to the determination of the punishment of the crime of driving while intoxicated causing very‑serious injuries or death, derived from the rules introduced by Law No. 20.770 (commonly called “Emilia Law”) to article 196 bis of Law No. 18.290 (also known as the Traffic Law). The text focuses on three specific issues: the (in)applicability of numeral 2º of article 196 bis to the crime of driving while intoxicated that causes very‑serious injuries; the (in)applicability of mitigating or aggravating factors of extraordinary efficacy in the event of driving while intoxicated that causes death or very se­rious injuries; and the (in)applicability of mitigating the punishment of perpetual inability to drive vehicles due to the concurrence of common mitigating factors in the crime of driving while intoxicated that causes death or very serious injuries.