A marcha dos crimes sobre rodas estudo sobre a justiça para os delitos de trânsito na metrópole de Salvador-Bahia (2016-2020)

Abstract

Road traffic mortality constitutes a serious problem in Brazil and worldwide. The objective of this study was to analyze how the criminal justice system functioned in the municipality of Salvador, Bahia, Brazil in relation to lawsuits registered between 2016 and 2020 for the following road traffic violations stipulated in the Brazilian Highway Code: involuntary manslaughter and grievous bodily harm caused while driving an automobile, and drunk driving. This study, based on the cross-sectional, quantitative, documentary, empirical model, included 327 lawsuits registered with the relevant courts of law within the study period. The objective was to describe the profile of the individuals accused and of the victims of traffic violations, taking variables such as sex, age, marital status and schooling into consideration, and to verify objective data on these crimes, such as location, time, type of vehicle involved and type of accident, including pedestrian-vehicle accidents and vehicle collisions. Another aim of the study was to determine the time required for police investigation, the evidence produced and the rate of adoption of the consensus model of criminal justice. All the lawsuits referring to grievous bodily harm or death registered between 2016 and 2020 were investigated (n=136). Of a total of 644 lawsuits judged in court over the study period (2016-2020), 191 referred to drunk driving. This sample (n=191) was extracted at random using a statistical computer software program (OpenEpi), for a sample error of 10% and a 90% confidence level. In 2020, 75% fewer accidents were registered in Salvador compared to 2016. Of the individuals accused of a drunk driving offence, 181 (94.8%) were male and 10 were female. Regarding cases of homicide or bodily harm, which are involuntary offences (committed through negligence, recklessness or incompetence), the percentage of men involved was similar, comprising 94.1% of cases. Individuals aged 28 to 37 years constituted the age group that was most involved in cases of drunk driving (39.9%) and most (69.9%) were single. Those accused of causing death or bodily harm by driving were evenly distributed among the 18-27 years, 28-37 years, 38-47 years and 48-57 years age groups. Individuals over 57 years of age formed a minority of those accused of crimes (6.6%). Only 11% of those involuntarily involved in the crimes of causing death or grievous bodily harm by driving had a criminal record; consequently, most of those involved in these crimes are not habitual criminals or repeat offenders. The individuals accused of these crimes were predominantly driving cars (52.9%) or motorcycles (14.7%). Accidents involving pedestrians (67) and collisions (54) accounted for 88.97% of the accidents evaluated. Overall, 48.78% of victims were pedestrians. Fifty-four accidents were classified as collisions and in 38 of these accidents (72.22%) the victims were motorcyclists. Of the 191 lawsuits involving drunk driving, 116 (60.73%) were resolved through the consensus model of criminal justice.