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A new STF decree is being compared to a ruthless traffic law. Understand how this decree will work, which can impose severe traffic fines, weighing significantly on Brazilians' pockets.
A traffic fine is, without a doubt, one of the biggest challenges drivers face. No one leaves home with the aim of being penalized, especially with a fine that weighs heavily on their pocket and leaves the vehicle in an illegal condition until the penalty is paid. Therefore, it is essential that drivers are always aware of traffic regulations, as they are constantly being reformulated and need to be strictly adhered to. Now, a A new STF decree introduces a traffic law that imposes fines for popular infractions among drivers, generating great concern.
Understand how the STF decree for traffic fines works
It turns out that the Federal Supreme Court (STF) validated the rule of Brazilian Traffic Code (CTB) which imposes the imposition of a fine, the retention of National driving license (CNH) and even the seizure of the document for one year, from drivers who fail to comply with the new order.
It is worth mentioning that the traffic fine is applied for those who refuse to take a breathalyzer test, clinical examinations or examinations with the aim of determining the possible influence of alcohol, or any other psychoactive substance. The board maintained the ban on the sale of alcoholic beverages on the banks of federal highways.
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According to the STF Decree, the new traffic law does not violate the Constitution and the legal provision for imposing administrative sanctions on drivers of motor vehicles who refuse to carry out tests, clinical examinations or examinations aimed at assessing the influence of alcohol or other psychoactive substance (article 165-A and article 277, paragraphs 2 and 3, all of the Brazilian Traffic Code).
Articles 277 and 165-A of the CTB stipulate that the driver of a motor vehicle subject to traffic inspection may be subjected to a test, clinical examination, expertise or other procedure that, through technical or scientific means, in the manner regulated by Contran, allows certifying the influence of alcohol or another psychoactive substance that determines dependence, refusal being a very serious infraction.
An average of 56 drivers received traffic fines per day in the first quarter this year
In this way, it is inferred that the decree of the STF arrives as an unforgivable traffic law to punish drivers who do not comply with the rules as they really need to be followed. In this way, with the new traffic law, in addition to greater control over Brazilian traffic, everyone's safety is also guaranteed.
In this year 2024, from January to March, on average, 56 drivers ended up being fined per day for driving under the influence of alcohol, accounting for a total of 5.106 fines of this size, according to media information.
It is important to mention that there is no tolerance for the test and, for some years now, Brazil has adopted a zero tolerance policy in relation to the crime of drunk driving. This means that you should not drive after drinking even a drop of alcohol.
The infraction is considered very serious, and the legislation imposes a traffic fine in the amount of R$ 2.934,70, as in this case, the Article 165 provides for a multiplier factor of 3,5 or 10 times in the case of very serious infractions. This factor is stipulated according to the risk caused by the driver when violating the law.
Another traffic law may change soon
A new bill being processed in the Chamber of Deputies seeks to change the Brazilian Traffic Code. The proposal was authored by deputy Clodoaldo Magalhães and defines dangerous overtaking and irresponsible driving as a very serious offense, in a way that ends up putting people's lives at risk.
O The text also proposes the suspension of the National Driving License for 12 months for anyone caught in any of the acts mentioned above. The proposal clarifies that dangerous overtaking or dangerous driving will be considered “any maneuver that does not comply” with the rules already in force in the Brazilian traffic code, which puts people's lives at risk.
