Abstract
This article aims to show the legal aspects of homicide caused by drunken driving, bringing judgments, laws and doctrinal understanding to the respective subject. Currently, it is observed that the Brazilian judiciary has two different aspects to crime of homicide caused by drunken driving, the first aspect of manslaughter, set out in the caput of article 302 of the Brazilian Traffic Code. On the other hand, it is intended the intentional homicide, the one written in article 121 of the Criminal Code, considering as possible fraud, that is, the author assumes the risk and follows in the execution of the inter criminis, having as punishment more severe than the of article 302 of the Brazilian Traffic Code. Finally, mere work brings decisions from Brazilian higher courts, it also addresses majority and minority decisions, and the one that is most applied in final decisions
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