Law No. 11705, June 19 2008

Original Language Title: Lei nº 11.705, de 19 de Junho de 2008

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LEI No. 11,705, DE June 19, 2008.

Altera to Law No. 9,503, September 23 of 1997, which'establishes the Brazilian Transit Code', and Law No. 9,294 of July 15, 1996, which has on the restrictions on the use and advertising of smoking, alcoholic beverages, medicinal products, therapies and agricultural defensives, terms of § 4º of the art. 220 of the Federal Constitution, to inhibit the consumption of alcoholic beverage by automotive vehicle conductor, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC I do know that the National Congress decrees and I sanction the following Law:

Art. 1º This Law amends devices of Law No. 9,503 of September 23, 1997, which instituted the Brazilian Transit Code, with the purpose of establishing alcoholic 0 (zero) and to impose more severe penalties for the driver driving under the influence of alcohol, and of Law No. 9,294 of July 15, 1996, which has on the restrictions to the use and advertisement of smoking products, alcoholic beverages, medicines, therapies and agricultural defensives, pursuant to § 4º of the art. 220 of the Federal Constitution, to compel the commercial establishments in which they sell themselves or offer alcoholic beverages to be stamping, in the enclosure, notice that it constitutes a crime to drive under the influence of alcohol.

Art. 2º San vedata, in the federal highway domain strip or on contiguous grounds to the strip of domain with direct access to the highway, the retailer sale or the offering of alcoholic beverages for consumption on the site.

§ 1º The violation of the provisions in the caput of this article implies a fine of R$ 1,500.00 (one thousand and five hundred real).

§ 2º In case of recurrence, within the time limit of 12 (twelve) months, the fine will be applied in double, and suspended the authorization of access to the highway, by the deadline of up to 1 (one) year.

§ 3º It does not apply to the provisions of this article in urban area in accordance with the delimitation given by legislation of each municipality or of the Federal District.

Art. 3º Ressalved the provisions of § 3º of the art. 2º of this Act, the commercial establishment situated in the federal highway domain strip or in contiguous terrain to the domain strip with direct access to the highway, which includes between its activities the retailer sale or the supply of beverages or food, should affix, in place of wide visibility, notice of the gasket that it treats art. 2º of this Act.

Single Paragraph. The disfulfilment of the provisions in the caput of this article implies a fine of R$ 300.00 (real three hundred).

Art. 4º Compen to the Federal Highway Police the supervision and enforcement of fines predicted in the arts. 2º and 3º of this Act.

§ 1º The Union may firm arrangements with states, Municipalities and with the Federal District, in order that these can also exercise the supervision and apply the fines they treat the arts. 2º and 3º of this Act.

§ 2º Set up the recidin, the Federal Highway Police or ente convenienced will communicate the fact to the National Department of Transportation Infrastructure-DNIT or, when it comes to the highway granted, to the National Land Transport Agency-ANTT, for the application of the suspension penalty of access to highway access.

Art. 5º Law No. 9,503 of September 23, 1997, passes vigorously with the following modifications:

I-the art. 10 passes the vigorous one in addition to the following inciso XXIII:

" Art. 10. .......................................................................

.............................................................................................

XXIII-1 (a) representative of the Ministry of Justice.

................................................................................... " (NR)

II-the art caput. 165 passes the vigorous with the following essay:

" Art. 165. Drive under the influence of alcohol or any other psychoactive substance that determines dependency:

Infraction-gravest ;

Penalty-fine (five times) and suspension of the right to drive for 12 (twelve) months ;

Administrative Measure-retention of the vehicle up to the driver presentation enabled and pick-up of the habilitation document.

................................................................................... " (NR)

III-the art. 276 passes the vigorous with the following essay:

" Art. 276. Any concentration of alcohol per litre of blood subject to the conductor to the penalties provided for in art. 165 of this Code.

Single Paragraph. Federal Executive Power's Body will discipline margins of tolerance for specific cases. " (NR)

IV-the art. 277 passes vigorously with the following changes:

" Art. 277. .....................................................................

.............................................................................................

§ 2º The infraction provided for in art. 165 of this Code may be characterized by the transit agent upon obtaining other evidence in admitted law, about the notorious signs of drunkenness, excitation or torpor presented by the conductor.

§ 3º Will be applied for penalties and measures administrative established in art. 165 of this Code to the driver who refuses to submit to any of the procedures provided for in the caput of this article. " (NR)

V-o art. 291 passes vigorously with the following changes:

" Art. 291. .....................................................................

§ 1º Applies to the traffic crimes of injury corporal culcate the willing in the arts. 74, 76 and 88 of Law No. 9,099 of September 26, 1995, except if the agent is:

I-under the influence of alcohol or whatever another psychoactive substance that determines dependency ;

II-participating, on public track, of race, dispute or motorsport competition, display or demonstration of automotive vehicle maneuver, not authorized by the competent authority ;

III-transiting at superior speed to maximum allowed for the track at 50 km/h (fifty kilometers per hour).

§ 2º In the assumptions provided for in § 1º of this article, police investigation should be instituted for the investigation of criminal infringement. " (NR)

VI-the art. 296 passes the vigorous with the following essay:

" Art. 296. If the defendant is recidified in the practice of crime provided for in this Code, the judge will apply the penalty of suspension of permission or habilitation to drive automotive vehicle, without prejudice to the other criminal sanctions cableable. " (NR)

VII-(VETADO)

VIII-the art. 306 passes the vigorous with the following change:

" Art. 306. Drive automotive vehicle, on the public track, being with alcohol concentration per litre of blood equal to or greater than 6 (six) decigrams, or under the influence of any other psychoactive substance that determines dependence:

.............................................................................................

Single Paragraph. The federal Executive Power will stipulate equivalence between distinct alcoholic tests, for the characterization of typified crime in this article. " (NR)

Art. 6º Considering alcoholic beverages, for the purposes of this Act, the potent beverages that contain alcohol in its composition, with a degree of concentration equal to or higher than half degree Gay-Lussac.

Art. 7º Law No. 9,294 of July 15, 1996, passes the increased vigour of the following art. 4º-A:

" Art. 4º-A. In the inner part of the places where alcohol is sold, it should be affixed to written warning in a readable and ostensible manner that it is a crime to drive under the influence of alcohol, punishable by detention. "

Art. 8º This Act comes into force on the date of its publication.

Art. 9º It is revoked the inciso V of the single paragraph of the art. 302 of Law No. 9,503 of September 23, 1997.

Brasilia, June 16, 2008 ; 187º of the Independence and 120º of the Republic.

LUIZ INACIO LULA DA SILVA

Tarso Genro

Alfredo Nascimento

Fernando Haddad

Jose Gomes Tembasement

Strong Marcio of Almeida

Jorge Armando Felix