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The law aims to attach images to all fines recorded by electronic radars and cameras, combating the “fine industry”. The proposal, currently being processed in the Chamber of Deputies, aims to reinforce drivers’ right to defense and bring more transparency to inspections.
Imagine a scenario where each traffic fine come with visual evidence, giving drivers the chance to verify whether the violation actually occurred.
This is the goal of the new 2990 / 2024 Bill, which is currently being processed in the Chamber and promises to transform traffic control in Brazil.
The proposal, authored by federal deputy Dayany Bittencourt (União-CE), aims to require that images of the infraction and the vehicle's license plate be attached to all notifications recorded by radars and electronic cameras.
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According to Bittencourt, the measure represents a significant advance, reinforcing drivers' right to a full defense in administrative proceedings.
If approved, the new legislation would amend the Brazilian Traffic Code (CTB), promoting changes in the way traffic violations are applied and, possibly, reducing what many consider to be a “fine industry”.
A new right for Brazilian drivers
Currently, when a driver receives a Traffic Ticket, the document details the infraction committed, including the location, date, time, and license plate of the vehicle. P
However, there is no obligation to attach images as proof of the violation.
This lack of images, especially in cases of electronic monitoring, creates insecurity among drivers, who are not always able to identify the veracity of the accusations.
Many fines, such as those for speeding, already include photos.
However, in situations recorded by speed cameras and surveillance cameras, visual evidence is often omitted.
With the new proposal, the so-called “dynamic proof theory” would be applied.
According to this theory, it is up to the traffic authority, which has the necessary equipment and conditions, to present evidence of the infraction.
The deputy argues that, in cases of video monitoring, transparency should be prioritized.
“Those who have the best mechanisms and conditions to do so, in this case, the traffic authorities themselves, should present the evidence,” Bittencourt declared in an official statement.
With the mandatory image, the intention is to avoid unfair charges and increase transparency in the processes.
Project processing and impact on fines
Bill 2990/2024 will be assessed, on a conclusive basis, by the Transport and Roads and Constitution and Justice and Citizenship committees.
For it to come into effect, the proposal must be approved by both the House and the Senate.
If sanctioned, the change to the CTB will require traffic authorities across the country to record each infraction electronically, accompanied by visual evidence.
Moreover, the project does not change the performance of traffic agents, who can continue to fine drivers in situations that require human evaluation.
Therefore, infractions such as illegal parking or using a cell phone while driving, which often depend on a trial at the time of the infraction, will continue to not require photographic evidence.
Possible effects on the “fine industry”
For drivers and critics of the current fine system, the new law appears as a response to an old problem: the so-called “fine industry”.
Many drivers report receiving notifications that do not provide clarity about the exact moment of the infraction, generating doubts about the legitimacy of the charges.
With the requirement for visual evidence, the expectation is that unfounded fines will decrease, directly impacting the number of objections.
According to experts on the subject, the proposal, if approved, would have a positive impact by ensuring greater safety for drivers, who will be able to verify the veracity of fines.
The measure would also encourage traffic authorities to improve their inspection systems, while eliminating unfounded charges and increasing transparency in processes.
What changes for the driver?
The law, if sanctioned, will give more autonomy to drivers, who will be able to verify the legitimacy of the fines received.
For those who feel harmed by fines without visual evidence, the new legislation may represent a relief.
The change in the CTB will allow the fined driver to demand physical proof of the registered infraction, something unprecedented in many cases of electronic monitoring.
This could reduce the number of questionable fines and take an important step towards fairer traffic.
The future of inspection and the processing of the Bill
Bittencourt's proposal is still under discussion and is expected to face debates in committees.
If approved, it will be a milestone for Brazilian traffic, increasing drivers' rights and combating the “fine industry” that creates discomfort among citizens.
This process represents an opportunity for electronic monitoring to become more efficient and less contestable, without compromising the essential work of traffic authorities.
Do you support this new measure or do you believe it could make traffic control more difficult? Comment below and share your opinion!
