A inconstitucionalidade da apreensão de veículos automotores com base no CTB pelo inadimplemento da taxa de licenciamento

Abstract

The present work analyze how the State violates the principles, rights and guarantees of owners when seizing motor vehicles as a measure of constriction due to nonpayment of fees. The hypothesis was held that considering that there are procedural means present in the legislation for the collection of taxes, it is a violation of the constitutional norms and principles of the seizure of motor vehicles during traffic inspection due to non-payment due to non-payment of fees of licensing, since the transit authority and its agents, under the cloak of state police power, cannot deprive the owner of the use of his property. This study has a dogmatic nature, since it was intended to analyze the theoretical and doctrinal premises about the (in) constitutionality of the vehicle seizure based on CTB due to the non-compliance with the licensing rate of motor vehicles, with a focus on the principles set forth in the Constitution (Law No. 5,172 of October 25, 1966), as well as in the norms established by the Brazilian Traffic Code (Law No. 9,503 of 1997). The Federal Constitution of 1988 enshrines rights, implicit and explicit principles, which must be ensured and respected, among which are: the right to property, the right to freedom of movement and movement, the right to work, due process of law, ample defense and contradictory, principle of "Non-Confiscation", principle of legality and, of fundamental importance, the dignity of the human person. These normativeconstitutional dictates can and should be raised to substantiate the latent unconstitutionality that permeates the seizure of the automotive vehicles, carried out by public agents in blitz, based on article 230, V of the Brazilian Traffic Code (CTB), which is often used as a coercive means for the automobile vehicle licensing fee.