Dolo eventual e culpa consciente no homicídio cometido no trânsito: um estudo sobre os elementos preponderantes na jurisprudência do Tribunal de Justiça do Estado do Rio Grande do Sul

Abstract

This monograph is part of the conclusion of the Undergraduate Law Program at the Federal University of Santa Maria (UFSM). Its focus is to analyze the elements used in the reasoning of judgments by the Court of Justice of the State of Rio Grande do Sul to differentiate between eventual intent and conscious negligence in the analysis of traffic homicides. The study aims to understand how these subjective elements are interpreted and considered in judicial decisions, emphasizing doctrinal definitions that influence the distinction between eventual intent and conscious negligence. By exploring case law using the deductive bibliographic approach, the research seeks to comprehend the interpretations adopted by the Court of Justice of Rio Grande do Sul in complex situations related to traffic homicide cases. The research identified criteria illustrated in paradigmatic judgments with different interpretations among cases. This demonstrates that, despite the creation of various doctrinal theses on eventual intent, there is still a difficulty in esolving concrete cases without uniformity in case law, resulting in legal uncertainty.