Dec 08, 2007
Unconstitutionality of Tolls (Not so ...)
I got more of these interesting emails, which conveys the idea that is very pleasant but that does not always represent the truth.
In this particular case, bring the contents of the e-mail about the unconstitutionality of the tolls, in full, and also the response, highlight, a lawyer on the subject. * Also received by e-mail
THE RIGHT TO GO TO COME AND BARRED FOR TOLLS
Among the many papers presented, one of which caused controversy among the participants. "The Unconstitutionality of Tolls", developed by the 9th semester student of law at the Catholic University of Pelotas (UCPel) Marcia dos Santos Silva shocked, impressed and advised those present.
The 22 year old presented the "fundamental right to come and go" on the roads of Brazil. She, who lives in Pelotas, said that Rio Grande to come to present their work in Congress, did not pay toll and, in turn, would do the same. Causing a surprise in the participants, she has founded his actions during the presentation.
Marcia explains that the Federal Constitution of 1988, Title II of the "Fundamental Rights and Guarantees", Article 5 states: "All are equal before the law, without distinction whatsoever, guaranteeing Brazilians and foreigners residing in the country the inviolable right to life, liberty, equality, safety and property. " And in the fifteenth paragraph of the article, "is free to travel in the country in time of peace, and any person under the law, enter, remain or leave it with his property."
Young adds that "the right to come and go is entrenchment 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 is against the constitution. "
According to Marcia, the roads are not salable. And what happens is that toll concessionaires perform contracts with the State Government to invest in improving these highways and the toll charge 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. "The moment I refuel my car, I'm paying the toll. I do not need to pay again. I just want to exercise my right, the road is a public good and not fair I pay for a good that he is mine too, "he emphasizes.
The student explained ways and showed a video that taught us to pass without paying toll. "Or you can go behind any car that has stopped. Or is straightforward. The barrier, barring cars is plastic does not break, and when the car passes through it opens. There's no danger and does not scratch the car, "she says, it says to do this whenever you travel.
After the presentation, questions were not lacking. Who watched was curious if the act would not be breaking any law, 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 that allows the use of toll roads in Brazil.
As for being a heritage of others, the fact, she explains, is that the toll gate and are in the middle of the road where the cars must pass and, until then, she has never seen or toll gates are damaged.
Marcia also said that she was once stopped by highway police, and a guard said he would accompany her to pay the toll. "I asked the policeman if he rendered some service to the utility or the state.
After all, a police road works for the state or the federal government should take care of and safety on the roads. Already the toll company, is private, ie, has nothing to do one thing with another, "he adds.
She argues that the prices are the same for low-income people, who have smaller cars, and who have a greater purchasing power and better cars, claiming that many people not in a position 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 when he says we all have the right to come and go on all roads of the country, "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 go, but guarantee it will keep working and defending the cause of tolls.
A friend of mine received the same e-mail and went to consult another attorney before moving forward the mail! I would also like to see many others do the same ...
Here the answer he received:
"Look, a very interesting argument, but it seems the colleague forgot soon future of art. 150, I, V of the Constitution authorizing the toll. It is through conservation by the government, which provides service to private companies. Thus, contrary to stated, the Constitution itself, it guarantees that come and go, except for the collection of tolls.
Article 150. Without prejudice to any other guarantees ensured to the taxpayers, it is forbidden for the Union, the States, the Federal District and Municipalities:
V - to establish limitations on the circulation of people or goods 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 under Art. CTB 209. Should the federal highway police have applied the 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 mischievous and save $ 5.00 or $ 10.00 toll.
Art 209. Transpose, without authorization, with or without blocking road signs, or assistive devices, fail to enter areas intended for vehicles weighing up to evade or fail to pay the toll:
Offense - serious;
Penalty - fine
Not only to help spread nonsense.
Greetings ... "
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