The Superior Court of Justice assured the possibility of access to the Judiciary to guarantee the right to indicate the person responsible for the traffic violation even after the 15-day period provided for in the Brazilian Traffic Code has elapsed.
O Brazilian Traffic Code, in its article 257, § 7, allows the owner or the main driver of the vehicle to identify the offender immediately or within 15 days after notification of the assessment. If the deadline is not observed, the traffic law establishes that the person responsible for the infraction will be considered the main driver or, in his absence, the owner of the vehicle.
The aforementioned period was recognized by the Superior Court of Justice, in a decision of the 1st Section, in a request for standardization of interpretation of the law, as administrative, with the temporal estoppel merely in the administrative area, thus generating a relative presumption to the detriment of those who appear as owner of the vehicle with the DETRAN.
In this way, the owner can use the Judiciary to request the transfer of the score of the infraction that has been proven to have been caused by a third party, after the period of 15 days provided for in the rule.
The Court was based on the principle of inexorability of jurisdiction, provided for in article 5, item XXXV of the Federal Constitution, a mechanism that guarantees the realization of rights through access to justice, guaranteeing the possibility of disputes being considered by the Judiciary.
Per: Felipe Meneghello Machado