Portuguese 
Spanish 
The Decision of the Third Civil Chamber of the Court of Justice of Paraíba Recognized Failures in the Collection of Seven Fines Applied After the Sale of a Motorcycle, Totaling R$ 3,994.62, Which Generated 40 Illegal Points on the CNH and Resulted in the Fixation of Compensation for Moral Damages Against Detran/PB
The Third Civil Chamber of the Court of Justice of Paraíba ruled that irregularities in the collection of traffic fines justify compensation for moral damages, when judging Civil Appeal No. 0805112-19.2018.8.15.0251, involving seven fines applied after the sale of a motorcycle.
Judgment and Understanding of the Third Civil Chamber
The case originated in the 5th Mixed Court of the District of Patos and was reported by Judge Marcos Cavalcanti de Albuquerque. The Chamber followed the jurisprudence of the court itself by recognizing failures in the fine collection procedure.
The rapporteur highlighted that it was proven that the traffic agency knew about the vehicle’s transfer, removing the responsibility of the former owner for the infractions recorded later.
-
Seniors Over 60 Can Travel for Free Across Brazil: Elderly Statute Ensures Two Free Bus Seats and 50% Discount When Full for Low-Income Passengers
-
Detran RJ starts requiring a toxicological test for those obtaining their first driver’s license in the car and motorcycle category starting June 29; see who will be affected.
-
Florida takes TikTok to court and accuses the Chinese giant ByteDance of ignoring the law that bars minors under 14, while parents and authorities demand more protection for children on social networks.
-
Chamber approves constitutional amendment reducing the age of criminal responsibility from 18 to 16 years; what now?
Fines Applied After the Sale of the Motorcycle
The author reported being the owner of a motorcycle Honda CG 160 FAN, negotiated since November 2017. Even after the sale, he was surprised by the registration of 40 points on his CNH.
These points were due to seven traffic fines, which totaled R$ 3,994.62, all related to infractions allegedly committed after the vehicle’s transfer.
First Instance Sentence and Appeal
In the first instance, the judge partially upheld the requests, annulling the questioned fines. However, he did not set compensation for moral damages, as he understood that the legal requirements for reparation were absent.
Dissatisfied, the plaintiff appealed the decision, claiming illegality, inconsistency in the process of applying the penalties, and failure to prove the notifications sent by the traffic agency.
Conviction of Detran/PB and Fixed Amounts
Upon analyzing the appeal, the Third Civil Chamber upheld the appeal and sentenced Detran/PB to pay compensation for moral damages in the amount of R$ 5 thousand.
The decision set interest at 1% per month, calculated from the citation, and monetary correction by the INPC from the date of the arbitration, recognizing the administrative failure and the damage suffered by the author.
The text was published on 11/04/2022 on the website of the Court of Justice of Paraíba.
