DUARTE, Márcio Raniery Leal.
Resumen:
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.
