Legislação Especial: Crime de lesão culposa na direção de veículo e o procedimentos previstos no CTB

The crime of negligent bodily injury committed while driving a motor vehicle is stipulated in article 303 of the Brazilian Traffic Code (CTB), with a penalty of detention from 6 months to 2 years, in addition to the suspension or prohibition of obtaining a driver's license. There is a provision for increasing the penalty by 1/3 if the crime is committed under specific circumstances, such as when the driver does not possess a provisional driver's license or driver's license, among others. If the crime results in serious or very serious bodily injury and the driver's psychoactive capacity is impaired due to the influence of alcohol or another psychoactive substance that causes dependence, the penalty will be imprisonment from 2 to 5 years. As a rule, the crime of bodily injury while driving a motor vehicle is a public prosecution subject to a complaint, and the provisions of Law No. 9,099/95, which deals with special courts, apply, including the summary report of the incident (instead of a police investigation), civil settlement of damages, and plea bargaining. However, there are situations in which Law No. 9,099/95 will not apply and a police investigation must be initiated, such as when the driver who caused the injury is: I – under the influence of alcohol or another psychoactive substance that causes dependence II – participating, on a public road, in a race, dispute or automobile competition, exhibition or demonstration of skill in maneuvering a motor vehicle, not authorized by the competent authority III – traveling at a speed exceeding the maximum permitted for the road by 50 km/h Instagram: @bebendodireito