A autuação pelo Detran ao transportador clandestino no serviço público de transporte rodoviário intermunicipal de passageiros e a competência da Arce para análise recursal

Abstract

The research seeks to develop the legal aspects that exist in the situation of draft- ing of a transportation violation notice for the clandestine carrier, in the context of the public services of intermunicipal road transport of passengers of the State of Ceará. Among other is- sues, it discusses the normative conflict with the legislation of the transit sector, in charge of the Union, the division of control and regulatory competences in this sector, as well as the prediction of improper appeal by state decree. The Regulatory Agency of Delegated Public Services of the State of Ceará, considering its attributions as regulator of the sector, must hear the appeal pre- sented by a clandestine carrier, not qualified as a delegate of the Public Power, and cancel the transportation violation notice, due to defect in its form and motive, without discussing the merit of the appeal.