Bill provides for stricter punishment for authorities who drive under the influence of alcohol or drugs

Bill 4851/24 amends the Brazilian Penal Code to determine punishment for crimes committed by authorities under the influence of alcohol or psychoactive substances. The proposal, by Congressman Lucio Mosquini (MDB-RO), is currently being processed in the Chamber of Deputies .

According to the project, a police officer, judge, appellate judge, prosecutor or attorney who drives a vehicle under the influence of alcohol or a psychoactive substance will be punished with imprisonment of two to three years , in addition to the penalty corresponding to the violence.

The toxicology or blood alcohol test must be carried out by the public agent, regardless of whether an accident occurred. If the influence of alcohol or a psychoactive substance is proven, the public agent will be immediately removed from office, without prejudice to the civil and criminal liabilities arising from his/her conduct. If the public agent is carrying a firearm at the time of the offense, the sentence will be increased by 1/3 to 2/3 .

According to the bill, any authority who commits a crime with or without intention, while under the influence of alcohol or psychoactive substances and carrying a firearm, will be punished with three to four years in prison, in addition to the sentence corresponding to the violence, with an aggravating factor of 1/3 to 2/3. If the crime results in harm to the physical or moral integrity of another person, the minimum sentence will be doubled. The agent will also lose his position and will be prohibited from carrying a firearm for up to ten years.

Lucio Mosquini believes that the measure will strengthen the legal response against the “irresponsible and dangerous behavior of public officials.” “The aggravating factor that establishes the increase in the sentence seeks to ensure that crimes committed by these authorities, who already hold a position of power, are considered more serious, especially when the conduct involves the use of firearms, which substantially increases the risk of irreparable damage to life and public order,” he states.

Next steps

The bill will be analyzed by the Constitution and Justice and Citizenship Committee before being voted on by the Chamber's plenary. To become law, the measure must be approved by both deputies and senators.