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Absence of Federal Law Maintains Full Toll Charges on Highways While Old Proposals Remain Stalled and Court Decisions Generate Limited Expectations
A recurring question among drivers has gained traction recently. Will seniors be exempt from paying tolls on Brazilian highways starting in 2026? Despite the created expectations, the answer remains negative, according to current legislation and the current legal landscape.
Since the creation of the Statute of the Elderly in 2003, Brazilian law guarantees specific benefits to individuals aged 60 years or older. However, the payment of tolls has never been included among these rights, even after more than two decades of the law’s enactment.
Current Legislation Maintains Full Toll Charges on Highways
Currently, there is no federal law that authorizes exemptions from tolls for seniors, whether on federal, state, or municipal highways. Therefore, the concessionaires continue to charge the tolls normally, according to the existing concession contracts.
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Those who earn up to R$ 5,000 no longer pay Income Tax since January 2026, and retirees over 65 years old are exempt up to R$ 6,903 in a change that benefits 16 million Brazilians.
Moreover, failing to pay tolls is classified as a serious offense, as established by the Brazilian Traffic Code. Since the last update, the penalty is R$ 195.23, plus five points on the National Driver’s License.
Consequently, the driver must also settle the amount due to the road operator, which places seniors in a legally risky situation if they attempt to benefit from a non-existent exemption.
Old Bill Proposals Remain Stalled in Congress
Although the debate is recurring, no proposal has progressed definitively in the National Congress. One of the main examples is the Bill No. 6,886, presented in 2010 by then-deputy Luiz Carlos Hauly.
This proposal provided for exemption from tolls for drivers over 60 years old on federal highways. However, the text was appended to Bill No. 3,068 from 2004 and is still awaiting analysis in the Chamber of Deputies, without a conclusive vote.
Another relevant project is Bill No. 5,175 from 2013, which sought to include the exemption in the Statute of the Elderly. However, the proposal was rejected and filed back in 2013, ending its progression.
STF Decision in 2025 Revives Debate but Does Not Change Rules
In 2025, a decision by the Supreme Federal Court brought the topic back to public debate. At the time, the STF recognized the validity of a state law that grants toll exemptions for people with disabilities.
Despite this, the decision does not automatically apply to seniors. The Court’s understanding merely opens up space for state initiatives, as long as the concession contracts are respected.
The STF itself highlighted that there cannot be an economic-financial imbalance in the contracts, which limits the practical application of such benefits.
Scenario Remains Unchanged for 2026
In this context, there is no legal provision for toll exemptions for seniors in 2026. Even with old projects, recent court decisions, and social pressure, the regulatory framework remains unchanged.
Unless a federal law or valid state regulation is approved, senior drivers must continue to pay tolls normally, avoiding fines and administrative sanctions.
In light of this, the reflection remains: Should Brazil establish a clear national rule on tolls for seniors or let each state decide independently?
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