Cesar Peres Dulac Müller logo


Date: April 4, 2022
Posted by: CPDMA team

Infraction - Vehicle owner can discuss fine in court even after the deadline of the Traffic Code

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


recent posts

STF decides that collective rule that restricts labor rights is constitutional

STF decides that collective rule that restricts labor law is constitutional. The Court observed, however, that the reduction of rights by Collective Agreements or Conventions must respect the guarantees constitutionally guaranteed to workers. The Federal Supreme Court ruled that Collective Bargaining Agreements or Agreements that limit or suppress labor rights are valid, provided that […]

Read more
The eviction action in the judicial recovery

Companies that file a judicial recovery action and have their activities carried out in leased properties may, in the event of default, face an eviction action, even if the credit is listed in the creditors list. On this topic, there are some very important issues being dealt with in the courts regarding the suspension of the demand and about the resumption of the asset during the period of processing of the judicial reorganization.

Read more
Law to reduce bureaucracy of Public Records passed

On June 27th, Law nº 14. 382/2022 was enacted, whose main objective is the creation of the Electronic System of Public Records (SERP), which aims to unify the systems of notary offices throughout the country, reducing the bureaucracy of the national notary system ( the measure covers the registrations of real estate, titles and civil documents of natural persons and […]

Read more
Bidding law and the use of Dispute Boards

In large-scale contracts, complexity, amounts involved, and time are common causes of conflict between the parties. An effective option to help prevent and resolve these disputes is called a dispute board. This method, unlike mediation, arbitration and conciliation, consists of creating a council of technicians, appointed […]

Read more
Tax Benefits to the Events Sector - PERSE Law

The restrictive measures adopted worldwide to minimize the spread of Covid-19 have undeniably brought significant impacts to various sectors of the economy. The determination of isolation or quarantine to face the pandemic, the most effective measure to reduce the circulation of the contagious agent, has made the sector of culture and entertainment events […]

Read more
CVM Resolution No. 80 and the dissonance with the secrecy inherent to arbitration proceedings

In force since May 2, 2022, CVM Resolution No. 80 brings a new notice on corporate demands, regulating the registration and provision of periodic and occasional information from the issuers of securities. Such regulation was the subject of Public Hearing 1/21 and consolidated the content of Instructions No. 367 and 480 […]

Read more
linkedin Facebook pinterest youtube lol twitter Instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter Instagram