STF files lawsuit and maintains the use of private car in classes and in the CNH test

The Federal Supreme Court (STF) filed the lawsuit that questioned the use of a private car in practical classes and in the driving test to obtain the National Driver’s License (CNH). As a result, the rule remains valid throughout the country.

The decision is made by Minister Cármen Lúcia, rapporteur of the case, and was taken in a monocratic way on Monday (7), without going through the Plenary.

Released on Wednesday (9), it did not face the merits: the minister did not know the Direct Action of Unconstitutionality (ADI) 8008 because she understood that, before any constitutional discussion, it would be necessary to verify whether the resolution of Contran (National Traffic Council) is in accordance with other traffic rules, such as the Brazilian Traffic Code (CTB).

In the rapporteur’s reading, therefore, the controversy is one of legality, and not of constitutionality – a field in which the ADI is not the appropriate instrument. The request for immediate suspension of the rule was prejudiced, and the discussion can be resumed in the ordinary courts. For those who are getting their license, nothing changes.

What the resolution allows

In force since December 2025, the article authorizes the use, in practical classes and in the driving test, of vehicles intended for the training of new drivers or eventually employed in apprenticeship, regardless of who the owner is. The sole paragraph of the provision does not require adaptations or modifications to the car — that is, the car does not need to have the double brake and clutch command typical of driving school vehicles.

The measure is part of the package of changes in driver training that also overturned the obligation to comply with all practical classes in driving schools. It was precisely the caput and the sole paragraph of article 127 that the National Confederation of Transport and Logistics Workers (CNTTL), linked to the Central Única dos Trabalhadores (CUT), took to the Supreme Court, arguing that the release contradicts the CTB.

Insurance is the blind spot of the rule

The authorization of Contran does not guarantee that the vehicle policy covers damage in an eventual accident during the class or test. Insurers say that, as a rule, there is no coverage when the car is driven by those who do not yet have a driver’s license.

The National Federation of General Insurance (FenSeg) recommends that the owner consult the insurer or broker before lending the car for classes or for the practical exam and ask for written confirmation about the coverage.

The guidance also applies to those who intend to use their own car in the license process: as the candidate is not yet qualified, the insurer can analyze the circumstances of the accident on a case-by-case basis before authorizing or denying compensation.