Publicated in the ABRAMET e Tribuna do Direito newspaper.
Jornal da Abranet nº 13 e 14 - Maio/1995

Legal Traffic Psychological

Findings innovates the accidents skillful.

Studies includes sleep disturbs and other drivers patologies.

Salomão Rabinovich

A new type of skillful finding, where needs an evaluation, psycho and emotional, beyond operational-technical is able to indicate with more security if the traffic accident agent can be responsible by the occurrence. This is what informs the author of this innovation, the psychologist Salomão Rabinovich, director of Traffic Applied Psychology Center (CEPAT) and member of Paulista Psychology Academy.

Traffic behavior studies for 22 years, Rabinovich informs that the new finding is form his experience in this area and in elaboration of psychological opinions for family actions. According to him, nowadays to pronounce the sentence, the judge many times support only in testimonial proofs that “isolated, can be manipulated in defendant benefits”.  When there are victims, adding, the justice is based in the technical police finding, that shows the vehicle damage, break signs, traffic lights, and in Legal Medical institute finding, that describes types of injuries, or death, in order to fix to delict fact and the penalty measure.

“When we make the evaluation we also concern with eventual sleep disturbs that has caused accidents, even so the driver ignores that he has the problem, says the psychologist. As well as there are other physical and mental pathologies, unknown by carriers, we are checking the juridical questions related to penalties in cases like that”, explains Rabinovich.

He believes that the new finding is able to “instrument the magister to his sentence to be fair, when the action agent is well examined”. As traffic specialists are unanimous is assure that 90%of accidents happens for human failure “need to keep this direction”, says the psychologist.

Rabinovich observes that the finding can be requested by judge as together with facts by parts, ir order to be technical in process instruction. He is initiating this kind of job in São Paulo, but already is open to contribute to form professionals by other states in this technique, seeking that this study should be done out of São Paulo.

The finding is being well received by judges, promoters, lawyers, inform the psychologist. With the new Traffic National Code, in the Congress, establishes penalties with more rigor for the infractors, Rabinovich believes the number of judicial process will increase a lot in a near future.