In 2016, the Brazilian Traffic Code underwent several reformulations after Law No. 13,281 was approved. The withdrawal of penalty vehicle seizure was one of them. This is still a cause of confusion among drivers, because even though the law has revoked item 4 of article 256 of the code, where apprehension was cited as one of the possible penalties, it still maintains this rule in the devices infractions. Understand.
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Because of this, it will still be possible to find in the CTB some other infraction that has as a penalty “fine and seizure of the vehicle”. For practical purposes, this means nothing. In order for the vehicle to be apprehended, the driver would need to have his right of defense. In article 256, it is possible to see what would be the penalties to which drivers would be subject if they committed any fault.
Among all of them, there is a fine, suspension and revocation of the right to drive and, as already mentioned, there was also the seizure of the vehicle. However, after changes were made to the CTB, this measure is no longer an applicable penalty. This is because the apprehension could only be applied, in fact, after there was a legal process. As has already happened with fines.
When the driver is approached and receives a notification, he is not actually being fined, that is, he is only being fined. The fine can only be generated and charged when he chooses not to exercise his right of defense, which could take up to three steps in the administrative part. This would be the path that should be followed for all types of penalties, be it fines, suspension, impeachment or others.
But then there is the question: how could the vehicle be seized without the driver having the right to defend himself beforehand? That is why the removal of the vehicle from circulation ended up no longer being an applicable penalty, but continued to occur as an administrative measure, bringing with it the retention and removal of the car.
It is worth noting here that the apprehension no longer exists, but the retention and removal are still in force. The apprehension was a penalty applied administratively and that ended up withdrawing the vehicle of circulation. As a result, the owner's ownership rights over the car were suspended for a specified period.
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