Princípio da Consunção: Aplicabilidade do Princípio da Consunção entre o Delito de Embriaguez ao Volante e o de Condução de Veículo Automotor sem Habilitação

Introduction. This study deals with a principle that resolves the apparent conflict of rules within the scope of criminal law: the principle of conjunction. With emphasis on its applicability between the crime of drunken driving and driving a motor vehicle without a license, both of which are provided for in the Brazilian Traffic Code. Objective. The study considered the concept of the principle of conjunction, its position in relation to conflicts of norms and, on this basis, the analysis of its resolutive application in relation to the conflict between the offense of drunken driving and driving without a license. Methods. The research is based on doctrinal and jurisprudential understanding, and through these the relevance of the principle addressed was observed, according to the theoretical foundations that already exist and the concepts that facilitate the understanding of the crimes presented, provided for in the Brazilian Traffic Code. Results. From the study of the principle of conjunction, one can see how much this principle guides the understanding and solution of the presumed occurrence of criminal rules that oppose each other or are incongruous, in other words, when there is an apparent conflict of criminal rules. Conclusion. In view of the research carried out, it can be concluded that the principle of consumption is applied to crimes that have a direct link, that is, crimes that have conduct that is configured as a necessary means for the fulfillment of the crime-end, therefore, as for the crimes addressed in this research, this principle is inapplicable, since both crimes have no dependence, and are therefore autonomous crimes.