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According to the Brazilian Traffic Code, the owner of the vehicle is held responsible for infractions committed by the driver. If the person is without a license or has a suspended license, the fine may be criminal. STJ reinforces case law.
Lending a car to family, friends or coworkers is a common practice in Brazil, but few drivers know that this gesture can have serious legal consequences — and even constitute a crime, depending on the situation. In March 2025, the discussion returned to the spotlight after the Superior Court of Justice (STJ) reaffirmed its case law on the subject, highlighting that the owner can be held criminally liable even without direct involvement in a traffic ticket.
According to article 310 of the Brazilian Traffic Code, allowing someone without a license or in an irregular condition to drive your vehicle is considered a crime. transit, with a penalty that can reach up to one year in prison. Summary 575 of the STJ makes it clear that there does not need to be an accident or injury to constitute the crime — the simple act of handing over the steering wheel to someone who cannot drive is enough to hold them liable.
Fines and points still fall on the car owner in many cases
Even in situations where the driver is licensed, the vehicle owner may end up bearing the consequences of the infractions committed. According to the JusBrasil Portal, when the driver is not identified, the fines are automatically directed to the car owner, who may also have to deal with the loss of points on his license if he does not identify the real offender within the legal deadline.
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Another important point mentioned by the Smartia website is that many people forget to update their data at DETRAN, which makes it difficult to receive notifications. As a result, the owner only becomes aware of the violation after the defense deadlines have expired, leaving only the payment of the fine and the compromise of the points.
According to Doutor Multas (column in UOL), there are also cases in which the vehicle can be seized in a blitz if it is being driven by someone with expired documentation or drunk — even if the owner is absent.
It is a crime to lend a vehicle to someone without a license or with a suspended license.
The most serious criminal implication involves handing over the car to drivers without a driver's license (CNH), with a suspended or revoked license, or who are not in adequate physical or mental condition to drive. Article 310 of the CTB provides for a penalty of six months to one year in prison, or a fine, for the owner who commits this type of infraction.
According to a report by Portal do Trânsito, the simple act of lending a car under these conditions already constitutes a crime, regardless of whether there is an accident. In November 2023, the STJ reaffirmed this interpretation when it upheld the conviction of a driver who had lent the car to his nephew without a license, even though there was no damage or injuries.
Summary 575 of the STJ, cited by several jurists, is clear: “The surrender of the driving license constitutes a traffic crime. motor vehicle a person who is not licensed, whose license has been revoked or whose right to drive has been suspended, even if there is no concrete risk of harm.”
very interesting)