Traffic fines can be annulled if they are more than 50 days late; understand new project

The Traffic and Transport Commission of the Chamber of Deputies approved a proposal that could end the long wait — and legal uncertainty — for drivers who receive notifications of traffic fines months after the violation. Bill 87/24 establishes a maximum period of 50 days for the person responsible to receive the official communication. If the period is not complied with, the infraction notice must be automatically annulled.

The measure attacks a gap in the current Brazilian Traffic Code (CTB). Today, the legislation determines that the assessing agency has up to 30 days to issue the notification (post it in the mail or send it electronically), but it is silent about the deadline for the document to actually reach the driver’s hands. In practice, logistical delays by traffic agencies or postal services did not generate punishment for the State, only for the driver.

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The approved text is the opinion of the rapporteur, Deputy Guilherme Uchoa (PSB-PE). He accepted the essence of the original project by Deputy Duarte Jr. (PSB-MA), but adjusted the tolerance time. While the initial proposal provided for 30 days for receipt, the rapporteur extended it to 50 days, considering the existing shipping deadline and delivery times. “The objective is to guarantee legal certainty and the broad right of defense,” Uchoa justified.

For the author of the proposal, the excessive delay impairs the driver’s memory of the facts, making it difficult to contest the fine. With the new rule, the State now has the burden of chronological efficiency. If the notification is not delivered within the deadline, the right to punish of the traffic agency expires in relation to that specific act.

The proposal now goes to the Constitution and Justice and Citizenship Commission (CCJ) for analysis in a conclusive manner. If approved without resources to the Plenary, the matter may go directly to the Federal Senate for review before going to presidential sanction.

With information from the Câmara de Notícias Agency