The 3rd Recursal Chamber of the District Federal's Special Courts decided, unanimously, to maintain the condemnation of the District Federal's Department of Transportation (Detran/DF) to pay moral damages to a driver whose driver's license was suspended in an unlawful manner. The decision confirms a previous sentence by the 4th Special Court of Public Prosecution of the DF. The case involves an administrative procedure initiated by the Detran in 2012, without the realization or offer of a breathalyzer test. Despite this, the procedure continued to proceed for over a decade. According to the court documents, technical units within the agency recommended the case be archived, but the suspension of the driver's license was applied in May 2019. The judicial document also states that, in 2023 - eleven years after the supposed infraction - the Detran issued a new citation, when the driver's right to drive was again suspended, deemed illegal. During the judicial process, the Detran recognized the nullity of the administrative procedure and definitively archived the suspension, canceling the penalties imposed. Even so, the Recursal Chamber deemed that there was a grave failure by the agency. 'The author demonstrated that his right to drive was suspended unjustly, even after technical units of the agency recommended the case be archived', emphasized the panel. According to the judges, the agency's negligence was evident, as the correction of the error only occurred after the start of the judicial process. 'The error committed by the traffic authority and the delay in recognizing it restricted the author's basic right, restricting his freedom of movement', affirms the decision. The panel considered that the violation of the driver's personality rights justifies moral damages. Therefore, the Recursal Chamber increased the moral damages to R$ 5,000. The Detran's appeal was rejected.
https://jornaldebrasilia.com.br/brasilia/detran-df-e-condenado-por-suspensao-indevida-de-cnh/