Name: IGOR LIMA GOMES
Publication date: 29/11/2016
Advisor:
Name |
Role |
|---|---|
| RICARDO GUEIROS BERNARDES DIAS | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| CLAUDIO PENEDO MADUREIRA | Internal Examiner * |
| RICARDO GUEIROS BERNARDES DIAS | Advisor * |
| VALESCA RAIZER BORGES MOSCHEN | Internal Examiner * |
Summary: The present study has as objects the impairment at driving and the principle of nemo tenetur se detegere as a procedural guarantee that allows people to refusal the submission to breathlyzers tests. In this sense, it evidences the issue of drinking and driving as a cause of death on transit, fact that disturbs the order and the social peace. By the other side, it evidences that the guarantee to refusal to submission to breathalyzer tests do not maintain pertinence due to the principles origins, which has the essence to protect the individual from physical and psychological violations. Thus, the present study concludes that these two values of the juridical system may collide: the aim-value of criminal law and criminal procedural law and the goal-value of guarantee of not-submission to breathlyzer tests. Using the Alexy theory about the seizure and balance of principles, it presents a conclusion in the sense that the social peace has bigger weight and priority towards the individual guarantee already cited.
