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In A Polarizing Action, Senator Builds Diversion On BR-040 For Drivers To Avoid Paying Toll. ANTT Responds, Classifying The Measure As Serious Offense, Subject To Fines And Other Penalties.
The charging of tolls on federal highways in Brazil often generates heated debates among drivers, authorities, and concessionaires.
The impact of tariffs on transportation costs and the lack of consensus on the transparency of the use of collected resources reinforce the discontent of part of the population.
In light of this scenario, an action by Senator Cleitinho Azevedo (Republicanos-MG) caught attention and generated reactions from the National Agency for Land Transport (ANTT).
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Senator Creates Alternative Diversion In Paracatu
On February 14, 2025, Senator Cleitinho posted a video on his social media where he operates a tractor to open a diversion on BR-040, in the city of Paracatu, Minas Gerais.
The initiative, according to him, aims to allow drivers to avoid paying the toll, which is scheduled to start on March 10.
In the video, Cleitinho stands alongside the mayor of Paracatu, Igor Santos (União Brasil), reinforcing the feasibility of the new route.
“We are making a private diversion here; because there (BR-040) is government property, here is private! Starting March 10, there will be a diversion; you can pass through here and no one will pay toll!”, declared the parliamentarian.
The recording quickly gained attention and generated a variety of reactions. While some drivers supported the measure, criticizing the high cost of the toll, others pointed out that the creation of a diversion could have legal implications.
ANTT Classifies Action As Serious Offense
After the video was released, the National Agency for Land Transport (ANTT) responded and classified the measure as a violation of the Brazilian Traffic Code (CTB).
According to the agency, toll evasion is considered a serious traffic violation, in accordance with Article 209 of the CTB.
The violation subjects the driver to fines and points deduction on their National Driver’s License (CNH).
Additionally, ANTT emphasized that practices such as creating unauthorized diversions may result in additional penalties, including intensified inspections, installation of physical barriers, and even legal actions.
The agency also highlighted that illegal diversions compromise concession contracts and may generate administrative and legal challenges.
According to ANTT, monitoring attempts to evade tolls will be intensified in the coming months to avoid losses to the current contract.
Understand The Toll Charge On BR-040
BR-040, one of the most important highways in the country, connects Brasília (DF) to Rio de Janeiro (RJ), passing through Minas Gerais.
The section that cuts through Paracatu is under the concession of the company Vinci Highways, which took over the administration of the road in February 2025.
The toll rate for cars will be R$ 16.94 at the Capim Branco plaza, while at other plazas, the average amount will be R$ 11.31.
The concessionaire justifies the charge as necessary for investments in infrastructure improvements, including road duplication, pavement recovery, and modernization of signaling.
However, the announcement of the charge has generated dissatisfaction among drivers and local authorities, who question the need for the fee before the promised works are completed.
Many argue that the charge should only commence after effective improvements in road conditions.
Politicians Try To Block The Toll
The controversy surrounding the toll on BR-040 has mobilized other politicians besides Senator Cleitinho.
Federal Deputy Eros Biondini (PL-MG) also spoke out against the charge and stated that he intends to contact the Federal Government and ANTT to try to suspend the implementation of the toll.
According to Biondini, the toll should only be charged after the duplication of the highway and a review of the amounts set for the fee.
He argues that drivers should not be burdened without the guarantee of effective improvements in road infrastructure.
Cleitinho, for his part, announced that he intends to file a legal action to prevent the toll charge.
The senator argues that the measure represents an unnecessary financial burden on drivers and that creating the private diversion is a legitimate alternative to avoid the expense.
Legal Consequences And Impacts On The Concession
The creation of diversions to avoid paying tolls raises a series of legal and administrative questions.
Experts point out that these measures could affect the revenue of the concessionaires, compromising the investments stipulated in the concession contracts.
Moreover, there are concerns related to road safety, as unplanned alternative routes may pose structural risks and increase accidents.
ANTT reiterated that it will continue monitoring the situation and will take all necessary measures to prevent toll evasion.
The agency stated it may resort to installing physical barriers, electronic monitoring, and administrative sanctions to deter the use of unauthorized routes.
On the other hand, drivers and political representatives are awaiting developments regarding possible reviews of the toll and alternatives to reduce the financial impact of the toll on the population.
Debate Continues Amid Stalemates
The case involving BR-040 reflects an ongoing debate about highway concessions in Brazil.
While concessionaires argue that toll charging is essential for the maintenance and modernization of highways, drivers and politicians frequently contest the amounts charged and the transparency in the application of resources.
The situation in Paracatu remains undefined, with political and legal actions being evaluated.
The expectation is that new measures will be announced in the coming weeks, both by ANTT and by representatives questioning the toll charge.
Meanwhile, drivers should be aware of the penalties set for those who attempt to evade toll payment.
According to current legislation, evasion may result in fines, administrative sanctions, and other penalties, reinforcing the importance of awaiting official decisions on the matter.
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