TRAFFIC ACCIDENTS RESULTING FROM DRUNK DRIVING: conscious fault or eventual intention?

Confronted with the delicate distinction between eventual intent and conscious guilt, the overarching objective of this study is to discern the stance adopted by the Brazilian judiciary in cases involving traffic accidents caused by drivers under the influence of alcohol. The inquiry seeks to determine whether the prevailing view within the judiciary posits that the perpetrator's actions are invariably driven by eventual intent, or alternatively, if there exists a possibility of the individual acting with conscious guilt. This research delves into the realm of Criminal Law, employing methodologies such as literature review, legislative analysis, and examination of jurisprudential trends.The study elucidates the conceptual framework of penal institutes and delineates the practical distinctions between eventual intent and conscious guilt. It sheds light on the criteria embraced by the judiciary for the effective prosecution of the criminal offense. The findings of this investigation suggest that, despite the established criteria, there remains a pressing need for clarifying legislation to enhance legal certainty for legal practitioners, mitigating the potential for miscarriages of justice.