In a time of awareness and encouragement to use the bicycle as an alternative and sustainable means of transportation, awaits analysis by the Commission for Constitution, Justice and Citizenship (CCJ) project that aggravates the penalty of drivers who run over and kill cyclists.
Sen. Valdir Raupp ‘s PLS 141/2003 (PMDB-RO) adds five aggravating circumstances of sentence for manslaughter practiced in driving a motor vehicle. One of them is to run over and kill a cyclist who cycles through a bike path or a bicycle path, or reaches a bicycle from the rear when traveling by a common route.
In addition, the project considers aggravating the use of a cell phone or similar device when driving; The circulation at a speed of at least 30 kilometers per hour above the maximum permitted for the road; Driving a vehicle with severe mechanical failure; Or against the allowed flow.
In such cases, the penalty should be increased by one-third to one-half. The Brazilian Traffic Code (CTB) establishes for the practice of manslaughter in the driving of a motor vehicle the detention of two to four years and the suspension or prohibition of obtaining permission or authorization to drive.
Originally, PLS 141/2003 provides for seven aggravating circumstances for this crime – which already has four in the CTB-and increases the already established penalty (one third to one half) to half to double the punishment applied, which was rejected by the Rapporteur, Senator Cássio Cunha Lima (PSDB-PB).
The rapporteur has made further amendments, such as the elimination of two aggravating circumstances because they are already treated as autonomous crimes in the CTB, the practice of manslaughter in driving a vehicle motivated by drunkenness or use of drugs and by participating in race, Authorized, such as the streak.
There is also an application filed by Senator Antonio Carlos Valadares (PS-SE) asking for the procedure together with PLS 236/2012 , which deals with the Reform of the Penal Code, but the proposal still needs to be analyzed and approved.
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