Dec 08, 2007
Unconstitutionality of Tolls (Not so ...)
I received another one of those interesting emails, where the idea that it conveys is very pleasant but not always the truth.
In this particular case, I bring the contents of the e-mail about the unconstitutionality of the toll in full, and also the response, it highlighted a lawyer about the topic. * Also received by e-mail
THE RIGHT TO COME AND GO BY TOLL BARRADO
Among the various papers presented, one of which caused controversy among the participants. "The unconstitutionality of the Turnpike," developed by the 9th semester student of law at the Catholic University of Pelotas (UCPel) Márcia dos Santos Silva shocked, impressed and advised those present.
The 22 year-old made the "fundamental right to come and go" on the roads of Brazil. She, who lives in Southern mind that the Rio Grande to come present your work in Congress, did not pay toll and, in turn, do the same. Causing surprise among the participants, she has founded his actions during the presentation.
Marcia explained that the Constitution of 1988, Title II of the "Fundamental Rights and Guarantees, Article 5 reads:" All are equal before the law, without distinction whatsoever, guaranteeing Brazilians and alien residents in country the inviolable right to life, liberty, equality, safety and property. " And in subparagraph of Article XV, "is free movement within the national territory in peacetime, and any person may, by law, enter it, remain or leave it with his belongings."
Young adds that "the right to come and go is immutable clause in the Constitution, which means that you can not violate that right. And though all Brazilians have free access throughout the national territory. This also means that the toll goes against the constitution. "
According to Marcia, the roads are not salable. And what happens is that toll concessionaires holds contracts with the state government to invest in improving these highways and charge the toll to reimburse the expenses.
However, in the amount of gasoline tax is included in the Contribution for Intervention in the Economic Domain (Cide), and part of it is earmarked for roads. "At that fuels my car, am paying the toll. It is not necessary for me to pay again. I just want to exercise my right, the road is a public good and not fair I pay for it is already mine too, "he emphasizes.
The student said ways and showed a video that taught us to pass without paying toll. "Or you can go behind a car that has stopped. Or is straightforward. The gate, which bars the cars is plastic, not break, and when the car goes through there it opens. There is no danger and does not scratch the car, "she says, who says do it wherever you go.
After the presentation, questions were not lacking. Who attended was curious as to whether the act would not be violating any law, it could generate a fine, or if whoever did it would not be destroying the heritage of others. The answers were clear. According to Marcia, legally there is no law allowing the use of toll roads in Brazil.
As for being an alien heritage, the fact, she explains, is that the toll gate and are on the way where cars have to pass and even then, she never saw or toll gates are damaged.
Marcia also note that once was stopped by highway police, and a guard said he would accompany her to pay the toll. "I asked the officer if he paid some service to the utility or the state.
After all, a Highway Patrol officer working for the state or the federal government and must take care of road safety. Already the company toll is private, ie has nothing to do one thing with another, "he adds.
She argues that prices are equal to low-income people, who have smaller cars, and who has a greater purchasing power and better automobiles, saying that many people do not have conditions to spend as much on tolls. It also ensures that the state is denying the right of society. "There is nothing to defend or explain. The constitution is clear in saying that we all have the right to come and go on all roads in the national territory, "he concludes.
The student presents the work of completion in November 2007 and graduated in August 2008. She does not know yet what area of law you want to follow, but ensures that he will continue working and advocating the cause of the tolls.
A friend of mine received the same email and went to consult another attorney before moving to forward the mail! Incidentally, I see many others doing the same ...
Following is the response he received:
"It looks very interesting argument, but it seems that the future colleague soon forgotten art. 150, I, V, of the Constitution authorizing the toll. It's keeping track by the government, granting the service to private companies. Thus, contrary to stated, the Constitution itself, it guarantees that come and go, save the collection of tolls.
Article 150. Notwithstanding any other guarantees ensured to the taxpayer, it is forbidden for the Union, the States, the Federal District and Municipalities:
V - to establish limitations on the transportation of persons or property by means of interstate or intermunicipal tributes, except for the collection of toll fees for use of highways maintained by the Government;
Also, I would not try to do what she does, because, contrary to what he says, is yes, traffic violation provided for in art. 209 of the CTB. Should the PRF have been applied to fine, and not try to get back to pay the toll. She would see how good it is to pay R $ 180.00 to stop being clever girl and save $ 5.00 or $ 10.00 toll.
Article 209. Transpose, without authorization, with or without blocking road signs or auxiliary devices fail to penetrate areas intended for vehicles weighing up to evade or fail to pay the toll:
Infraction - serious;
Penalty - fine
Not only for helping to spread nonsense.
Greetings ... "
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