08 Dec, 2007
Unconstitutionality of the Toll Gates (Not quite ...)
I received a most interesting of these e-mails, which conveys the idea that it is very pleasant but not always represent the truth.
In this case in particular, bring the contents of the e-mail about the unconstitutionality of tolls, in full, and also the response, the news of a lawyer on the subject. * Also received by e-mail
THE RIGHT TO COME AND GO BY SCANNING Toll Charges
Among the various papers presented, one of them has caused controversy among the participants. "The Unconstitutionality of Toll Gates", developed by the 9th semester student of law at the Catholic University of Pelotas (UCPel) Marcia dos Santos Silva shocked, impressed and guided those present.
The young man of 22 years showed a "fundamental right to go and see" on the roads of Brazil. She, who lives in Pelotas, which account for the Rio Grande will present their work in Congress, did not pay toll and, in turn, would do the same. Causing surprise in the participants, she justified their actions during the presentation.
Marcia explained that the Federal Constitution of 1988, Title II, the "Fundamental Rights and Guarantees", Article 5 reads as follows: "All are equal before the law, without distinction of any kind, assuring itself to Brazilians and foreigners residing Country in the inviolability of the right to life, freedom, equality, safety and property. " And in the item of Article XV, "is free to move within the national territory in peacetime and any such person in accordance with law, enter, stay or leave him with his property."
The young woman adds that "the right to come and go is pétrea clause in the Federal Constitution, which means that you can not violate that right. And even if the entire Brazilian has free access throughout the national territory. That also means that the toll is against the constitution. "
According to Marcia, the roads are not sold. And what happens is that concessionaires of tolls holds contracts with the state government to invest in the improvement of highways and charge the toll to reimburse the expenses.
However, in the amount of petrol is included in the tax contribution of Intervention of Economic Domain (CIDE), and part of it is for roads. "At the moment I filling my car, I am paying the toll. You need not pay me back. I just want to exercise my right, the road is a public good and is not fair I pay for it already is mine too, "emphasizes.
The student said ways and showed a video that taught us to pass without having to pay toll. "Or you can go behind a car that has stopped. Or pass the time. The grill, which bar the cars is plastic, not break, and when the car passes through there it opens. You do not have any danger and do not scratch the car, "says she, who says do this whenever you travel.
After the presentation, questions abound. Anyone who watched was curious as to whether the act would not be violating any law, it could generate fine, or if those who did it would not be destroying the heritage outside. The answers were clear. According to Marcia, legally there is no law allowing the use of tolls roads in Brazil.
As a heritage to be unrelated, the fact, she explains, is that the toll and canceling are in the middle of the road where the cars need to pass and, until then, she has never seen or cancel tolls become damaged.
Marcia also noted that once was stopped by the Highway Police, and a guard said he would accompany her to pay the toll. "I asked the police whether he provided any service to the concessionaire or the state.
After all, a police road works for the state or the federal government and must take care of security on the roads. Already the company from tolls is private, ie has nothing to do something with them, "he adds.
She also claims that the prices are equal to those of low income, which have smaller cars, and for those who have a higher purchasing power and better cars, arguing that many people do not have conditions to spend as much with tolls. It also ensures that the state is denying the right of society. "There is what defend or explain. The constitution is clear in saying that we all have the right to go and see on all roads of the national territory ", concludes.
The student presents the work of completion of travel in November 2007 and graduated in August of 2008. She does not know yet what area of law you want to follow, but ensures that it will continue working and defending the cause of tolls.
A friend of mine received the same e-mail and another attorney was consulted before moving the mail now on! Incidentally, I would like to see many others do the same ...
Here the answer he received:
"Look, the very interesting argument, but it seems that the future will soon forget colleague of art. 150, I, V, the CF authorizing the toll. This is by way of keeping public power, which allows the service to private companies. Thus, contrary to stated, the Constitution itself, it guarantees that the comings and goings, he points out the collection of tolls.
150. Without prejudice to other guarantees provided to the taxpayer, it is forbidden to the Union, the States, the Federal District and Municipalities:
V - set limits to traffic of people or property by means of interstate or inter taxes, except for the recovery of the use of toll roads maintained by governmental agencies;
Moreover, I do not try to do what she does, because, contrary to claims, but is violation of traffic expected in art. 209 of the CTB. Should the police have applied for federal road fine and not to try to get back to pay the toll. It is good to see pay $ 180.00 for leave to be smart and save U.S. $ 5.00 or $ 10.00 of the toll.
Article 209. Transpose, without authorization, blocking road with or without signaling or auxiliaries, fail to enter the areas for the weighing of vehicles or not to flee to pay the toll:
Infraction - serious;
Penalty - fines
Not only to help spread things meaningless.
Greetings ... "
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