Did the new Traffic Code repeal or not the misdemeanors of arts. 32 and 34 of the Criminal Misdemeanors Law?

Authors

  • Fernando Célio de Brito Nogueira

Keywords:

Traffic Code, Criminal misdemeanors, Tacit repeal, Abolitio criminis, Dangerous driving

Abstract

The article examines whether the new Traffic Code, enacted by Law 9,503 of 1997, repealed the misdemeanors of arts. 32 and 34 of the Criminal Misdemeanors Law. The methodology used is the dogmatic and jurisprudential analysis, with systematic interpretation of the legislation. The exposition confronts the currents that sustain the survival of the misdemeanors, the abolitio criminis and the mixed application of the laws. The investigation concludes that the new Code fully regulated the matter, tacitly repealing both misdemeanors and implying abolitio criminis, remaining only as to the dangerous piloting of vessels in public waters.

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References

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Published

1998-10-01

How to Cite

NOGUEIRA, Fernando Célio de Brito. Did the new Traffic Code repeal or not the misdemeanors of arts. 32 and 34 of the Criminal Misdemeanors Law?. Brazilian Journal of Criminal Science, São Paulo, v. 24, n. 24, p. 223–227, 1998. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3788. Acesso em: 20 oct. 2026.

Issue

Section

Direito de Trânsito
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