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Law puts an END to mobile speed cameras in Brazil! Will this be the end of surprise fines?

Written by Alisson Ficher
Published 13/11/2024 às 20:32
Bills aim to end mobile speed cameras in Brazil. Measure promises fewer surprise fines, but faces political and legal barriers.
Bills aim to end mobile speed cameras in Brazil. Measure promises fewer surprise fines, but faces political and legal barriers.

Two bills are being considered to ban mobile speed cameras in Brazil, amid criticism that the devices prioritize revenue over safety. A federal bill seeks to amend the Brazilian Traffic Code, while a state proposal seeks to limit enforcement.

Imagine a future without mobile speed cameras on Brazil’s roads. With the increase in the number of vehicles and the movement of people, these devices, seen by many as “ticket traps”, have become the subject of heated debate.

Two bills are currently being processed at the federal and state levels, proposing the end of mobile speed cameras, a measure that could put an end to so-called surprise fines. But will this change be passed?

At the national level, the Bill (PL) 4059/2024, presented by the deputy Carolina de Toni (PL-SC), seeks to prohibit the use of mobile radars throughout Brazilian territory.

The proposal aims to change the Brazilian Traffic Code (CTB) to prevent the installation of these speedometers, under the justification that, in many cases, they have a “collection” nature, rather than a preventive one.

Already in Santa Catarina, just as the CPG published, a similar project is also gaining strength and proposes restrictions on speed monitoring.

Proposed national law: the end of mobile speed cameras?

Bill 4059/2024, currently being analyzed by the Chamber of Deputies, promises to change traffic on Brazilian highways.

Presented by Congresswoman Carolina de Toni, the bill seeks to prohibit the use of mobile radars, that is, portable devices and similar devices that monitor the speed of vehicles.

According to the parliamentarian, these tools are often not put in place to protect drivers, but to generate revenue.

According to de Toni, the purpose of the project is “protect the individual against abuses of this nature, without compromising the safety of those who use the roads”.

In the deputy's view, the proposal contributes to eliminating “collection” fines – those that essentially seek to generate profit for the State.

The bill was introduced in the Chamber on October 23th, 2024 and awaits analysis by a temporary committee, which will be set up exclusively to study the case.

If approved, the change could impact millions of drivers and the way speed checks are carried out in Brazil.

Santa Catarina: a state inspection model

In parallel, the 475 / 2024 Bill is in progress at Legislative Assembly of Santa Catarina.

Proposed by the deputy Sergio Guimarães (Union Brazil), the project establishes that, in the state, only fixed and properly marked radars can be used to monitor speed on state highways.

In addition to restricting mobile radars, PL 475/2024 also prohibits the use of drones to monitor vehicle speed, a measure that has generated a lot of controversy.

For Guimarães, the idea is “ensure transparency and predictability of inspection actions” and avoid inspections seen as abusive or for merely revenue-raising purposes.

The project was unanimously approved by the Constitution and Justice Committee of the Legislative Assembly of Santa Catarina, and will now be analyzed by other committees – including Finance and Taxation, Public Security, and Transport, Urban Development and Infrastructure.

Constitutional challenges and possible roadblocks

Despite the enthusiasm of many drivers about the possibility of an end to mobile speed cameras, both projects face significant challenges.

In the case of the project in Santa Catarina, there is an important constitutional issue: the Federal Constitution assigns to the Union the responsibility of legislating on traffic and transportation, according to the Article 22, Clause XI.

This detail raises doubts about the legality of the state measure, which could be overturned as it is considered unconstitutional.

The federal project, which affects all of Brazil, faces another type of obstacle: the road safety policy.

Many lawmakers and experts argue that mobile speed cameras help keep roads safe by discouraging speeding, a key factor in reducing serious and fatal accidents.

Next steps: what to expect?

Both the project in Santa Catarina and the federal project will have to undergo more detailed analyses before any approval.

At the federal level, the project will go through a temporary committee that will evaluate the viability of the proposal.

In the case of the state project, it will still need approval from internal committees and the Legislative Assembly before being sent for approval or veto by the governor.

If Toni's project manages to overcome the bureaucratic procedures, the change could be historic, altering the inspection model in Brazil.

But the question remains: is the end of mobile radars really possible, or will these projects clash with the interests of public safety and revenue collection?

A new era for Brazilian traffic?

The two bills could mark a new chapter for traffic in Brazil, where surprise fines, seen as unfair by many drivers, could be reduced or even eliminated.

However, with the political and constitutional difficulties, There is still a long way to go before this idea becomes a reality.

Do you believe that the end of mobile speed cameras would make Brazilian traffic safer or would it increase the number of accidents on the roads? Leave your opinion in the comments!

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Alisson Ficher

Journalist graduated in 2017 and working in the field since 2015, with six years of experience in print magazines and over 12 thousand online publications. Specialist in politics, jobs, economics, courses, among other topics. If you have any questions, want to report an error or suggest a topic on the topics covered on the site, please contact us by email: alisson.hficher@outlook.com. We do not accept resumes!

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