The principle of proportionality between penalties for traffic violations

parking prohibited versus rotating parking for the elderly and people with disabilities

Abstract

This work aims to discuss the impacts of the changes promoted in the Brazilian Traffic Code – CTB, Law 9.503/97, which produced an impact on the severity of the penalties due to the infractions. The present work aims to study, from the perspective of the principle of proportionality, the penalties of traffic violations related to the prohibition of parking versus rotating parking for the elderly and PCD's, and their respective sanctions. It should be noted that Law nº 13.146/2015 changed the rotary parking infraction to “serious”, therefore this had its value and respective score increased, a fact that raised the discussion on the principle of proportionality, as a beacon of state punitive power, fundamental to the maintenance of the Democratic State of Law. In the end, it was possible to conclude that, given the natural evolution of the Brazilian traffic law and the entire legal framework, a possible adequacy of proportionality regarding traffic penalties can be considered. The methodology used was bibliographical research, considering current Brazilian legislation and authors from the legal and social field, as well as documental research in reliable public databases, aiming to understand the normative history and the evolution of understandings about the graduation of penalties.