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The Discussion About Tolls and the Right to Go and Come Creates Doubts Among Drivers, but the Constitution Itself Provides the Definitive Answer on the Legality of the Charge and Clarifies What Can or Cannot Be Demanded
The discussion about the right to go and come usually arises when drivers question the toll charges on Brazilian highways. But, is the toll charge infringing upon the federal constitution, that is, my right to go and come?
What the Law Says
The Federal Constitution is the highest law in the country and guarantees fundamental rights to all citizens.
Among them is the right to go and come, assured as one of the most important freedoms in the Brazilian legal system.
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This right guarantees that no one can be prevented from moving freely within the national territory, except in specific situations provided by law.
Art. 5º, XV – Movement is free in the national territory in times of peace, and any person may, according to the law, enter, remain in, or leave with their belongings;
However, the same constitutional text also provides for the obligation to charge tolls under certain circumstances.
This means that, although the right to go and come is guaranteed, the government can authorize the charge for the use of maintained roadways, especially when managed by concessionaires that carry out the maintenance and operation of these roads.
What Article 150 of the Federal Constitution Says
“Art. 150 – Without prejudice to other guarantees assured to the taxpayer, it is prohibited for the Union, States, the Federal District, and Municipalities: V – to establish limitations on the traffic of people or goods, through interstate or intermunicipal taxes, except for the toll charge for the use of maintained roadways by the Public Power”
Article 150 of the Federal Constitution establishes rules and limitations for the actions of federal entities regarding the collection of taxes.
The text determines that it is prohibited for the Union, States, the Federal District, and Municipalities to establish limitations on the traffic of people or goods through interstate or intermunicipal taxes.
However, the same provision expressly reserves the possibility of toll charges for the use of roads maintained by the public authority.
This constitutional provision makes it clear that tolls do not constitute an unconstitutional limitation on the right to movement.
It is, in fact, a legitimate way to fund the maintenance and operation of highways.
Thus, when the roadway is under the responsibility of a duly authorized concessionaire, the charge is legal and supported by the Federal Constitution itself, which harmonizes the right to go and come with the duty to maintain the road infrastructure.
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