Federal Public Prosecution Service wants traffic code articles authorizing charges on electronic systems to be declared unconstitutional
The MPF (Federal Public Prosecution Service) for the Federal Court to prohibit the application of fines to drivers who fail to pay rates of the electronic system free flow on the Presidente Dutra Highway (BR-116). The charge should start soon on the stretch of the road between Sao Paulo, Guarulhos and Arujá.
The MPF also wants to be declared unconstitutional, with national effects, changes in the CTB (Brazilian Traffic Code) that authorize this type of sanction.
The system eliminates the collection squares on the highways. Instead of physical barriers, porticos equipped with cameras and sensors are installed that identify vehicles automatically, allowing the driver to travel without having to stop.
The technology works through two main payment modalities: the electronic tag, already used in systems such as nonstop and connectCar, and the automatic reading of the plate. In the case of tag-free vehicles, the charge is sent to the owner, who can pay it by app, internet or accredited points.
CCR Riosp (current motiva), Dutra’s concessionaire since 2022, has installed 21 collection structures –12 towards Rio and 9 towards São Paulo.
According to the MPF, however, the service has no legal nature of toll but alternative to avoid congestion. Therefore, default should be treated as civil debt, governed by the Consumer Protection Code, not as a traffic violation.
The agency says that “Measures announced by the concessionaire, such as the posting of informative panels on the highway, the availability of digital service channels and the adoption of experimental periods without fine, were insufficient in other roads where the already in operation were already in operation”The MPF cites BR-101 (Rio-Santos), also administered by Motiva, where more than 1 million fines were recorded in 15 months, totaling R $ 268 million.
The MPF says that the 2021 changes in the CTB-specially Article 209-A, which equates the non-payment in free flow toll evasion – are unconstitutional. “Articles 209-A and 320, §3, both of the CTB, are dissonant from the grounds that support the other rules of the Brazilian Traffic Code and the Consumer Protection Code, as well as the Federal Constitution, given that its purpose aims to protect the private interest of the concessionaires and not the public interest”Said the prosecutor Guilherme Rocha Göpfert, author of the action.
“With the forecast of millions of fines, thousands of people will have their wallets suspended. One wonders: Who will take the child to school? How does the citizen go to work?”, Afirmou Göpfert.
For the MPF, the concessionaire must charge any debts by judicial or extrajudicial means, and did not via traffic sanctions.
FREE FLOW No Brazil
O free flow It is already considered consolidated in Europe and the US. In Brazil, the model is in the implementation phase on federal highways.
During the system tests in Brazil, more than in toll evasion fines were recorded.
The model is present in:
- São Paulo
- SP-333 (Econoroeste): Located in km 110 (Jaboticabal) and 179 (Itápolis); and
- SP-099 (Tamoios Highway): Installed in km 13.5 from the south contour in Caraguatatuba.
- Rio de Janeiro
- BR-101 (Rio-Santos Highway): Porticos installed in km 414 (Itaguaí), 447 (mangaratiba) and 538 (paraty).
- Minas Gerais
- MG-459 (Monte Sião): Toll free flow In km 12.7, operated by EPR Sul de Minas.
- Rio Grande do Sul
- ERS-122: PORTICS IN KM 4.6 (São Sebastião do Caí), 45.5 (Farroupilha), 108.2 (Antonio Prado) and 151.9 (ipê);
- ERS-446: Portico no km 6.5 (Carlos Barbosa); and
- ERS-240: Porch in km 30.1 (Santana Chapel).
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