DETRAN/DF IS CONVICTED OF UNJUSTIFIED SUSPENSION OF CNH
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✍️ The 3ª Turma Recursal dos Juizados Especiais do Distrito Federal upheld a decision to award a motorist R$ 5,000 in moral damages after his driver's license was suspended for over a decade without justification.
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👉 The motorist's driver's license was suspended for over a decade without justification
👉 The Detran/DF recognized the nullity of the administrative process and archived the suspension
👉 The court found that the Detran's negligence and delay in correcting the error restricted the motorist's basic right to freedom of movement
👉 The motorist was awarded R$ 5,000 in moral damages
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#DistritoFederal #politics
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quotingJornal de Brasília (nprofile…va4w)
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The 3rd Recursal Chamber of the Special Courts of the Federal District decided, unanimously, to maintain the condemnation of the DF Traffic Department to pay moral damages to a driver who had their Driver's License (CNH) suspended in an unlawful manner. The decision confirms the previous sentence of the 4th Public Revenue Court of the DF. The case involves an administrative process initiated by the Traffic Department in 2012, without the realization or offer of an etilometer test. Despite this, the procedure continued for over a decade. According to the files, technical units of the same department recommended archiving the process, but the penalty of suspending the CNH was applied in May 2019. The judicial document also states that, in 2023 - eleven years after the alleged infraction - the Traffic Department issued a new citation, when the author's right to drive was suspended again, considered illegal. During the judicial process, the Traffic Department recognized the nullity of the administrative process and definitively archived the suspension, canceling the imposed penalties. Even so, the Recursal Chamber deemed that there was a grave failure by the department. "The author demonstrated that they had their right to drive suspended unjustly, even after technical units of the department recommended archiving", emphasized the collegial body. For the judges, the negligence of the Traffic Department 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 their freedom of movement", the decision states. The collegial body considered that the violation of the motorist's personality rights justifies moral damages. Given this, the Recursal Chamber increased the moral damages to R$ 5,000. The department's appeal was rejected.
https://jornaldebrasilia.com.br/brasilia/detran-df-e-condenado-por-suspensao-indevida-de-cnh/