“Lei Seca” e racionalidade. Um estudo sobre o caso brasileiro

Abstract

Since 2008, when the first “Dry Law” came into force in Brazil, drivers’ awareness and attitude have undergone several transformations, the main one being the habit of not driving after drinking. In this dissertation, I present and analyze the changes carried out in the various “Dry Laws” in the years 2008, 2012, 2016 and 1017, their legal implications, both criminal and administrative, as well as their consequences in the decision making of the agent, the driver. This scenario is exposed based on the theoretical-methodological approach proposed by Jon Elster, with its explanation for mechanisms and its own rationality, including the individual's “irrational behavior”. Thus, a debate on the “Dry Laws” is conducted and highlights its parts and gears, its actors and its failures, mainly that, even with continued improvements, it is still the law itself, its text, understanding and fulfillment, which brings the sensation of impunity for society, which demands progress and efficiency of public policies.