Análise da constitucionalidade da retenção de veículos em decorrência do não pagamento do IPVA no Estado da Bahia
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Date
2021-06-17
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Universidade Católica do Salvador
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.
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Keywords
Constrangimento, Ilegalidade, Inconstitucionalidade, IPVA