Proposal transforms current punishment, considered lenient, into imprisonment of up to eight years, making it difficult for drivers to convert the sentence into community service
The Traffic and Transportation Commission of the Chamber of Deputies gave the first approval to a bill that severely toughens the punishments for drivers convicted of manslaughter in traffic – when there is no intent to kill. The measure, which changes the guidelines of the Brazilian Traffic Code (CTB), increases the prison time and significantly extends the period of suspension of the right to drive in the country.
According to the legislation in force, the penalty for this type of crime ranges from two to four years in prison. The new proposal doubles this threshold, establishing a sanction of four to eight years of imprisonment. In addition to the deprivation of liberty, the offender will be prohibited from obtaining or renewing the National Driver’s License (CNH) for an uninterrupted period of ten years.
In practice, the change from “detention” to “imprisonment” represents a turning point in the way the justice system deals with fatal accidents. While detention usually takes place in more lenient regimes and often results in the conversion of the sentence into community service, imprisonment opens up legal room for the execution of the sentence to occur in a closed regime from the beginning, depending on the severity assessed by the judge.
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The original text is authored by Deputy Delegate Ione (PL-MG), who defends the adoption of stricter responses from the State against negligence behind the wheel. The rapporteur of the matter in the committee, Deputy Bebeto (PP-RJ), argued in his opinion that the escalation of road violence requires an update of the law. According to the parliamentarian, the increase in penalties establishes a punishment that is more proportional to the severity of deaths caused by reckless drivers.
Despite the advance, the change still has a long legislative road ahead. The project will be analyzed by the Commission on Constitution and Justice and Citizenship (CCJ). If approved, it will go to a vote in the plenary of the Chamber of Deputies and, later, will be submitted to the Senate for review, before going to the table for presidential sanction.
