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After Provisional Measure Signed By Lula, The New Rule For Driving Licences Without Driving Schools Removed The Obligation For Theoretical Courses And Reduced Practical Lessons From 20 To 2 Hours. For Those Who Have Already Paid, Experts Say: Refunds Only Apply To Unused Lessons; The Rest Can Be Collected With A Complaint To Procon
On 12/13/2025, with the public debate of the new rule for driving licences without driving schools following the signing of a provisional measure by President Luiz Inácio Lula da Silva (PT), enrolled students began to question whether they could interrupt the course and request a refund for what they had already paid.
Also on 12/13/2025, attorneys specialized in consumer rights explained that refunds can only be requested for lessons that have not yet been conducted, while the driving school can deny refunds for what has already been effectively held, whether theoretical or practical lessons.
What Changes With The New Rule For Driving Licences Without Driving Schools
The provisional measure changed the role of driving schools in the licensing process.
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Under the new rule for driving licences without driving schools, candidates are no longer required to take the theoretical course at the driving school, as the content can be accessed for free online.
Practical lessons remain mandatory, but the minimum duration has been reduced from 20 to 2 hours.
The new model also allows students to use a private car and choose lessons with an independent instructor, provided they are accredited by the Detran.
Who Has Already Paid For Driving School And When Refunds Are Possible
The main question arises for those who were already enrolled, both in theoretical lessons and practical driving lessons.
Specialists consulted agreed on one point: it is possible to request a refund, but with specific rules.
In practice, the new rule for driving licences without driving schools is treated as an external factor to the contract.
According to Riccardo Marcori Varalli, a university professor of Consumer Law at FMU, this scenario may cause the contract to revert to its initial status regarding the part that was not fulfilled, which supports the return of what was not delivered.
What The Driving School Can Deny And What It Cannot
Experts highlight two lines that define refunds under the new rule for driving licences without driving schools:
The driving school can deny refunds for lessons that have already been conducted, whether theoretical or practical.
The driving school cannot deny refunds for lessons that have not yet been conducted.
Attorney Flávia Artilheiro summarizes the criteria: there are no refunds for services already rendered, even if the student decides not to continue the course.
Attorney and university professor Daiane Muniz states that, after the promulgation of the new rule, if there is a refusal for the refund of amounts paid for lessons not conducted, the consumer can seek Procon and even the judiciary.
Step By Step If There Is Refusal Of Refund
If the driving school denies the refund for unheld lessons, the recommended course of action from specialists is to formalize the request with documentation.
In the logic of the new rule for driving licences without driving schools, the practical recommendation is:
Submit a written request, identifying the lessons that were not conducted.
Gather the contract, receipts, payment proof, and attendance records, when available.
Request a breakdown of the value per theoretical lesson and per practical lesson to separate what was rendered from what was not.
Contact Procon if the refund for unheld lessons is denied.
Consider legal action if negotiation and administrative channels do not resolve the issue.
Complete List Of Changes Mentioned For The Driving Licence In Brazil
The provisional measure created the so-called Brazilian Driving Licence and detailed changes that underpin the new rule for driving licences without driving schools, with a direct impact on costs, timelines, and course structure:
Driving school lessons are no longer mandatory.
The theoretical content is available for free on a government app, without minimum hourly requirements.
Possibility to use a private car and hire an independent instructor accredited by the Detran.
Practical lessons with a reduced minimum from 20 to 2 hours.
In-person practical tests, as well as medical exams and biometric collection.
Second free test for those who fail the first evaluation.
Elimination of the deadline to complete the licensing process, currently set at one year.
Automatic and free renewal for those who have not committed infractions in the last 12 months and are in the National Positive Drivers Register.
The expectation from the Ministry of Transport, mentioned in the base material, is to reduce costs for obtaining the document by up to 80% and decrease obstacles and delays in renewals.
Have you already paid for driving school and, with the new rule for driving licences without driving schools, plan to request a refund for which lessons exactly: theoretical, practical, or both?
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