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The favorable vote of the rapporteur, Minister Luiz Fux, was accompanied by six others in an appeal trial that ended at 11:59 pm on Friday (23).
Eleven years after losing police power to request traffic violations in Belo Horizonte, BHTrans regained the opportunity to accuse drivers in the city based on a decision of the Supreme Court (STF) on Friday night (23). Faced with the extraordinary appeal filed by the company after losing police power, Minister-Rapporteur Luiz Fux voted in favor of the constitutionality of the power in question at BHTrans.
Only two votes were against the statement of the rapporteur, and six ministers followed him in favor of the determination. Questioned this Saturday morning (24), BHTrans clarified that the ruling in charge of modulating the decision of the tribute was not published, and declared that, for now, nothing will change in relation to the performance of the inspectors. Today, the responsibility for imposing fines in Belo Horizonte rests with the Municipal Guard and the Military Police.
In the description of the vote on the extraordinary appeal, whose first motion before the courts took place in December 2010, Minister Luiz Fux argued that the delegation of police power is constitutional, by law, “to legal persons of private law that are members of the Public Administration ”- as happens with BHTrans – and“ that exclusively provide public services with the State’s own action ”. He was accompanied by the ministers Alexandre Moraes, Cármen Lúcia, Dias Toffoli, Ricardo Lewandowski, Gilmar Mendes and Roberto Barroso. Instead, Ministers Edson Fachin and Marco Aurélio voted against it.
remember
The judicial fight initiated by the Belo Horizonte Transportation and Transit Company (BHTrans) completes more than 11 years in search of the power to impose traffic fines in the capital of Minas Gerais. In November of that year, the mess already involved the Public Ministry of Minas Gerais (MPMG) and TRF-1, which had decided on the competence to apply the infractions, even reaching the Superior Court of Justice (STJ), which, in at the time, he unanimously decided to completely suspend police power and, therefore, impose fines on the company.
The great divergence around BHTrans is due to the fact that it is a mixed capital company, which is divided between public and private bodies. Seven years ago, the company suffered a judicial defeat again, when the Federal Supreme Court (STF) did not accept a complaint from BHTrans about the performance of the STJ; At that time, the company affirmed that the Superior Court of Justice would not have legal competence to judge the extinction of the police power of the traffic agents.
The debate was raised again in 2018, when the The City Council of Belo Horizonte decided to refer a bill to the City Council that would open loopholes for the Transportation and Traffic Company to regain the power to fine. However, even at that time, Mayor Alexandre Kalil (PSD) said that it was not originally the municipal administration’s intention for this power to be placed in the hands of the street inspectors.
Updated at 1:14 pm.
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