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New Bill From The Chamber Of Deputies Could Radically Transform Penalties For Drivers In Sensitive Areas, Such As Schools And Hospitals, Increasing The Penalty And Making Streets Safer For All Citizens.
The Commission Of Transportation And Traffic Of The Chamber Of Deputies Recently Approved A Bill That Could Significantly Toughen Penalties For Drivers Who Commit Traffic Offenses Near Sensitive Locations, Such As Schools, Hospitals, And Passenger Pick-Up And Drop-Off Points.
According To The Approved Text, Driving Over The Allowed Speed Limit In These Areas Will Be Considered An Aggravating Circumstance For The Crimes Of Involuntary Bodily Harm And Involuntary Homicide — Those Without Direct Intent To Cause Harm.
As A Result, The Penalty For These Crimes May Increase By One-Third To One-Half Of The Time Currently Provided.
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In Other Words, A Driver Who Causes A Serious Accident Under These Conditions May Face A Penalty That Could Be Almost Double The Time Initially Foreseen.
Currently, The Brazilian Traffic Code Provides For A Penalty Of Detention For Involuntary Homicide While Driving A Vehicle Ranging From Two To Four Years, In Addition To Suspension Or Prohibition Of The Right To Drive.
For Cases Of Involuntary Bodily Harm, The Penalty Can Range From Six Months To Two Years Of Detention, Along With Suspension Or Prohibition Of The Right To Drive.
The Bill Approved By The Commission Is A Substitute Drafted By Deputy Zé Trovão (PL-SC) For The Bill 3901/23, Originally Proposed By Deputy Alberto Fraga (PL-DF).
The Original Proposal And The Relator’s Vision
In The Initial Text, Alberto Fraga Suggested Increasing The Penalty For Those Driving At High Speeds Near Schools And Hospitals, Raising The Detention Period For Involuntary Bodily Harm From Six Months To One Year To One To Two Years.
Additionally, The Original Bill Also Provided That This Conduct Be Considered An Aggravating Circumstance In The Crimes Of Involuntary Bodily Harm And Involuntary Homicide.
However, The Relator Of The Proposal, Deputy Zé Trovão, Evaluated That The Traffic Code Already Strictly Punishes Driving Above The Allowed Speed Limit Near Schools.
According To Him, This Infraction Is Already Classified As A Crime With A Punishment Of Detention, Which Is A More Severe Measure Than The Fines Applied For Speeding In General.
Currently, Driving Above The Allowed Speed Limit Usually Results In A Fine, And Only When Exceeding 50% Of The Maximum Allowed Speed Does It Lead To Suspension Of The Right To Drive.
“Increasing The Detention Period To One To Two Years Would Disrupt The Penal Proportionality, Making It More Severe For This Potentially Harmful Conduct Than For The Crime Of Involuntary Bodily Harm, Which Provides For A Penalty Of Six Months To Two Years,” Argued The Relator.
However, He Stated That He Supported Including Elevated Speed Near These Locations As An Aggravating Circumstance For The Mentioned Crimes.
According To Zé Trovão, This Measure Would Bring Greater Proportionality To The Penalty, Especially In Cases Where Risky Behavior Results In Serious Accidents.
What The Law Says Today About Speed And Sensitive Locations
The Brazilian Traffic Code (CTB) Already Provides Specific Rules For Maximum Speeds In Areas Considered More Vulnerable, Such As Schools And Hospitals.
According To Article 61 Of The CTB, On Roads Near These Locations, The Maximum Allowed Speed Is Reduced To Ensure The Safety Of Pedestrians And Users.
Despite This, Many Drivers Disregard These Limits, Putting The Lives Of Children, Patients, And Others At Risk.
According To Data From The National Observatory Of Road Safety, In 2023, Almost 30% Of Accidents With Serious Or Fatal Victims Occurred In Areas Close To Schools And Hospitals.
Additionally, Studies From The World Health Organization (WHO) Indicate That Lowering Speed In Areas Near Schools Can Reduce The Risk Of Accidents Involving Children By Up To 50%.
The Importance Of More Rigorous Measures
Traffic Safety Experts Warn That Greater Stringency In Penalties For Those Driving At High Speeds In Sensitive Areas Is Fundamental To Reducing The Number Of Serious Accidents And Deaths.
For Traffic Safety Specialist And Consultant Ana Paula Mendes, The Proposal To Increase The Penalty For Crimes In These Areas Is An Important Step.
“When Drivers Know That The Law Punishes More Severely Disrespect In Areas Where Vulnerability Is Greater, The Tendency Is That They Will Exercise More Caution When Driving In These Areas,” She Says.
Furthermore, Educational Measures And Clear Signage Are Essential To Alert Drivers About The Importance Of Respecting Speed Limits In Regions Close To Schools And Hospitals.
What To Expect Next
Now, The Bill Will Follow For Analysis By The Commission On Constitution, Justice And Citizenship (CCJC), Which Will Evaluate The Legal Compliance Of The Proposal.
After This Stage, The Text Will Be Brought To A Vote In The Plenary Of The Chamber Of Deputies.
If Approved, It Will Go To The Federal Senate, Where It Will Go Through A Similar Process Until It Can Become Law.
How The Changes Impact Drivers
With The Possible Approval Of The New Law, Drivers Who Cause Accidents Resulting In Injuries Or Deaths While Speeding Near Schools And Hospitals May Face Harsher Penalties.
This Represents A Significant Increase In Criminal Accountability And May Act As A Preventive Factor, Raising Awareness Among Drivers About The Risks Of Speeding In These Areas.
Additionally, It Is Important To Highlight That The Current Penalties Already Include Fines, Suspension, And Even The Loss Of The Right To Drive For Those Who Seriously Exceed Speed Limits.
Conclusion
In Summary, The New Traffic Law Approved By The Transportation And Traffic Commission Promises To Double The Penalty For Drivers Who Commit Bodily Harm Or Involuntary Homicide While Driving At High Speeds In Sensitive Areas, Such As Schools And Hospitals.
The Measure Seeks To Provide Greater Protection For Pedestrians And Patients, Reinforcing The Responsibility Of Drivers In Areas Where The Risk Of Accidents Is Higher.
According To Experts, Increasing The Penalties Is Essential To Ensure Greater Safety On The Roads And Reduce Avoidable Tragedies.
Do You Believe That Harsher Penalties Are Sufficient To Change Driver Behavior, Or Are Other Actions Also Necessary To Ensure Safety Near Schools And Hospitals?
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