An interpretation of article 77 of the National Traffic Code

Abstract

The text examines the interpretation of art. 77 of the National Traffic Code, which requires the driver convicted of an accident to undergo new qualification examinations, questioning a decision of the Superior Court of Justice that considered the determination reformatio in pejus. It argues that the provision does not constitute a penalty, accessory or security measure, but a purely administrative measure, arising from the police power and the competence of CONTRAN to issue and withdraw the National Driver's License. It analyzes case law and doctrine, administrative competence, the relevance of physical and mental health examinations and the civil liability of the State. It concludes that communicating the conviction to the traffic authority does not imply a judgment in pejus.