O desvirtuamento da natureza jurídica das multas de trânsito: a ilegalidade da exigência do pagamento como requisito para o licenciamento dos veículos e o aumento do caráter monetário em detrimento da função pedagógica

Abstract

It presents a study on the current of traffic fines systematically addressing the distortion of its legal nature through the application of the institute in order to raise funds, to the detriment of their primary function and natural teaching tool for traffic safety. The inadmissibility of the requirement of payment of traffic fines as a requirement for annual vehicle licensing and increased monetary nature at the expense of teaching: Two major indications such distortion will be addressed. In this sense, they will – address the issues of administrative law required the main problem, as offenses, penalties and administrative powers. Then will develop a critical analysis of case law developments relating to the issue of waiver of discharge of fines for licensing. Finally, we analyze the factors presented which converge to ensure the addiction of using traffic tickets as a mere instrument of State revenue.