Análise da constitucionalidade da retenção de veículos em decorrência do não pagamento do IPVA no Estado da Bahia

Abstract

Owners of land automotive vehicles, by force of law, need to make an annual payment that guarantees to the State, the circulation of these vehicles. The Confederative State of the Union, through the Departamento Estadual de Transito – DETRAN, in theory, to guarantee safe traffic, has the prerogative to collect a Licensing Fee. Thus, the Brazilian Traffic Code, unified this rate to another tax (IPVA), Mandatory Insurance and payment of traffic fines. However, DETRAN-BA, and the Superintendência de Transito do Salvador - TRANSALVADOR, together with the Military Police of Bahia -PM-BA, abuse the prerogatives granted to traffic inspection bodies, by carrying out the infamous blitzen, in a vexatious and humiliating way, hurting important rights enshrined in the Federal Constitution of 1988. Therefore, it should be pointed out that the Brazilian legal system must obey the principles and norms of the Federal Constitution, rejecting the pointed procedure. Thus, any procedure or norm that contravenes the Federal Constitution must be removed from the Brazilian legal system. The present work does not intended to question the legality of such taxes, but rather the procedure adopted for their collection.