Habeas Corpus Nº 93.916-3/pa

Impossiblidade de se extrair qualquer conclusão desfavorável ao suspeito ou acusado de praticar crime que não se submete a exame de dosagem alcoólica. Direito de não produzir prova contra si mesmo: nemo tenetur se detegere. Indicação de outros elementos juridicamente válidos, no sentido de que o paciente estaria embriagado: possibilidade. Lesões corporais e homicídio culposo no trânsito. Descrição de fatos que, em tese, configuram crime. Inviabilidade do trancamento da ação penal.

Rel. Min. Cármen Lúcia

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Jurisprudência STF/STJ

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