DOLO EVENTUAL E CULPA CONSCIENTE EM ACIDENTES DE TRÂNSITO

Abstract

This paper aims to analyze the distinction between eventual intent (dolo eventual) and conscious negligence (culpa consciente) in the context of traffic accidents, highlighting the legal implications of each form of subjective liability. Through doctrinal and jurisprudential review, as well as the analysis of real cases judged by higher courts, the research seeks to clarify the criteria used by the Judiciary to classify the behavior of drivers involved in serious accidents, particularly in situations involving drunk driving, illegal racing, or blatant disregard for traffic regulations. The difference between eventual intent—characterized by the acceptance of the risk of causing the result—and conscious negligence—marked by foresight of the result but belief in its avoidance—is essential for the proper application of criminal law. The conclusion emphasizes the need for a thorough assessment of each case’s specific circumstances to ensure fair criminal accountability.