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Bruno Pacheco – from Cenarium

MANAUS – The National Traffic Department (Denatran), an agency linked to the Ministry of Infrastructure, pointed out that the Bill (PL) No. 241/2019, which prohibits the seizure of vehicles for Motor Vehicles Property Tax (IPVA) debts in operations of the Amazonas State Traffic Department (Detran-AM), has constitutionality defect. The matter was approved, on Wednesday, 19, the plenary of the Legislative Assembly of Amazonas (Aleam).

The measure was forwarded to the governor Wilson Lima (PSC), which must sanction or revoke the project. In a statement, Denatran said, on Wednesday, 18, as a vehicle without IPVA paid is considered unlicensed, the Brazilian Traffic Code (CTB) provides for the case as an infraction, with the penalty of a fine and removal of the vehicle, by virtue of Article 130, paragraph 2 and Article 230, item V.

“The Federal Constitution grants the Union the competence to legislate privately on traffic. No district or state law can suppress a federal law. This bill, approved by the Legislative Assembly, has a constitutional addiction”, says a note from the agency.

The text

The Law Project No. 241/2019 was unanimously approved by the lawmakers of Amazonas. The text, authored by State Congressman Wilker Barreto (Podemos), provides that the state can not use the collection of the vehicle as a form of collection for the taxpayer who is in debt with the tax, as Article 150, Item IV, the Federal Constitution.

According to the parliamentarian, the goal of the PL is to ensure that drivers in default with the tax do not have their cars retained by Detran-AM, except those with legal administrative proceedings provided by law. The congressman also points out that not seizing the taxpayer’s vehicle does not exempt the accumulated IPVA debts.