Outsiders e Desvio no Trânsito: por uma Política Pública Criminal?

Abstract

The objective of this paper is to present and to problematize the behavior of Brazilians in traffic, addressing the etiology (causes) of traffic crimes in Brazil and the response of the National Congress to these crimes. In order to grasp this reality, it is important to observe and analyze the crimes in the abstract and the concrete cases, and from this picture, understand the reaction of the Brazilian legislator to the enormous number of deaths in traffic, around 60 thousand deaths a year, approximately, 400 thousand sequelados definitively. The National Congress has offered criminalizing answers to these behaviors, so it is important to research them and explain these mechanisms. The key issue is to understand the functioning of public criminal policies in relation to the punishment of offenses and crimes committed on public roads in Brazil and the changes of the CTB over its 21 years of existence. One of the problems involved in this research is to understand what the legislature and the judiciary, through their decisions have offered as a response to the data that we have in Brazilian traffic. From this epistemological clipping we will present a picture of how the criminal policy for traffic works, explaining its mechanisms. This approach will be developed from Howard Becker (2008), David Garland (2014) and Roberto Damatta (2010). The methodology adopted was that of bibliographic research, participant observation accompanying the jury’s court occurred between February 26 and 27, 2018, data from the Federal Chamber on changes in traffic legislation and repercussion in the national press, as well as interviews structured with those involved in the Yared case and in the legislation that amends the Traffic Code. The purpose of this approach is to know if one can speak of “traffic diversion” as a culture of violation both from the point of view of a reciprocity relationship between society and the legislator, which seeks to criminalize these behaviors with tougher penalties, understanding that these actions are an efficient response as an assertive criminal policy to curb the number of dead and sequels in traffic.