A Constitucionalidade do Artigo 305 do Código de Trânsito Brasileiro ante o Princípio da Solidariedade

Abstract

It is perceived that the operator of the law, especially in the criminal court, is faced with legal predictions that apparently violate constitutional principles, which is to be expected, given the repressive nature of this important branch of law, restricting fundamental rights of extreme relevance, in search of repression and the prevention of the practice of crimes. Aware of this concern with constitutional precepts, article 305 of the Brazilian Traffic Code (CTB) has been discussed and analyzed in our Courts, since it requires, in its legal text, that the driver of a motor vehicle involved in a traffic accident remain in the place of the facts, under penalty of detention or fine, a forecast that, superficially analyzed, violates the principle of non-self-incrimination or nemo tenetur is detegere provided for in the Brazilian Federal Constitution of 1988. However, disregarding the trend towards decriminalization that has been implanted in the Judiciary , as if this measure were the solution to the infrastructural problems of our country, and analyzing other fundamental principles such as solidarity, we can see that the device, undoubtedly, has a constitutional mantle, since the permanence of the driver involved in the traffic accident is not confused with confession, or else, the recognition but in a duty of solidarity assigned to all citizens, considering that the identification of those involved is essential for the elucidation of the facts, thus contributing to the Administration of Justice, a legal right protected by the article under analysis.