A tipificação preliminar em sinistros de trânsito com óbito: diretrizes técnico-jurídicas para o registro do artigo 302 do CTB versus atendimento de local de morte no boletim de ocorrência unificado
Year: 2026
Type: article
Abstract: This article analyzes the technical-legal and operational significance of accurately recording the criminal classification and descriptive details in the Unified Incident Report (BOU) filed by the Paraná State Military Police (PMPR), focusing specifically on highway traffic operations conducted by the Highway Police Battalion (BPRv). This study is motivated by observed procedural inconsistencies in police practice—ranging from the strict and indiscriminate attribution of Article 302 of Law No. 9.503/1997 to any surviving driver, to the opposite extreme of making generic, evasive entries such as "Response to Fatality Scene" in cases involving manifest reckless driving. The objective is to establish normative, doctrinal, and practical parameters to guide the on-duty team's preliminary assessment at the accident scene, thereby avoiding improper strict criminal liability and ensuring the reliability of public security data. To this end, the study employs descriptive-analytical research based on documents and literature, combined with empirical insights gained from professional experience in enforcing traffic laws on Paraná’s state highways. The analysis demonstrates that hastily classifying incidents as negligent crimes involving innocent drivers violates fundamental rights, undermines strategic planning based on Business Intelligence, and overburdens the judicial system, while under-reporting weakens criminal prosecution. The article concludes by proposing an Operational Decision Matrix and standardized drafting guidelines, providing the force with a tool of genuine doctrinal and institutional value.
Source: Revista fisio&terapia.
DOI: 10.69849/qx2raj61
Institution: Centro Universitário Curitiba
Language: English
Topic: Criminal Law and Policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7225341798