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The Federal Supreme Court (STF) returned BHTrans the prerogative to apply fines transit: energy that the company had lost 11 years ago.
He was accompanied by six companions, the ministers Alexandre Moraes, Crmen Lcia, Dias Toffoli, Ricardo Lewandowski, Gilmar Mendes and Roberto Barroso. Only two magistrates positioned against the proposal – Edson Fachin and Marco Aurlio de Melo.
“The power of the administrative police, by limiting excesses in the exercise of freedoms, is shown as instrument guaranteeing one’s own freedom and the interest of the community, without giving up the fundamental rights of the people ”, argued the speaker Luiz Fux in his vote.
This controversy
BHTrans lost the right to prosecute offending drivers on November 10, 2009, due to decided unanimous (5 votes to 0) of the Second Panel of the Superior Court of Justice.
The magistrates followed the vote of the rapporteur of the process – time, Minister Mauro Campbell Marques. The collegiate understood that mixed capital companies cannot impose fines, exclusive of public power.
The mess began in 2004, when prosecutor Leonardo Barbabela filed a civil action questioning the police power of BHTrans. The claim was tried in the Public Finance Court of BH (first instance) and the prerogatives The BHTrans were maintained.
Two years later, in February 2006, Barbabela filed new lawsuits with the Federal Regional Court of the 1st Region (TRF-1) and the STJ. He was defeated by the first and was victorious in the second, which reformed the decided make TRF-1.