Os principais obstáculos à ampla defesa e ao contraditório do condutor pseudoinfrator no processo administrativo de trânsito.

Abstract

The Brazilian Code (CTB) Law nº 9.503/97 presents norms for vehicles and pedestrians on public ways with consequent penalization to those who break these rules, the traffic infraction. Besides, the CTB standardized ways of defense for pseudo-infractor citizen in the traffic administrative process. This process must guarantee the constitutional principles of full defense and of the adversary system neither imposing limits nor making difficult the contestation of the alleged acts and facts. The traffic administrative process begins with the notification to the pseudo-infractor. This notification is produced from the notice of traffic infraction when it is judged consistent and regular by the traffic authority. To the noticed pseudo-infractor is guaranteed the right to plead the previous defense. If his defense is judge improbable, it will be sent a notice of penalty that Will be judge by administrative commission of appeal of traffic infraction (JARI) persisting the rejection of the appeal the pseudo-infractor Will appeal to the state traffic council ultimately upon payment of such penalty. When the traffic executive entity does not send notice of infraction or limits the defense to formal and technical aspects of the notice of traffic infraction or when omits the form of financing to the collegiate body of trail, jeopardizing its exemption and finally when gives to the notice of traffic infraction an authoritarianism power as the owner of the truth, it is offending the constitutional right of full defense and of the adversary system allowing to him the right to plead the judicial nullity of the administrative decision.