Court suspends tariff collection due to lack of prior payment and excessive time TV Cabo Branco The City of João Pessoa appealed to the Court of Justice of Paraíba (TJPB) to try to reverse the decision of the 1st Public Finance Court that suspended the collection of the Post-Use Tariff (TPU) of Zona Azul, the capital's rotating parking service. ? Click here to follow the g1 PB channel on WhatsApp The Municipal Attorney General's Office, which represents the city hall in the action, maintains that the fee is not a traffic fine, but a regularization fee for drivers who use Blue Zone spaces without registering the vehicle, without issuing a ticket or staying beyond the contracted time. According to the request that appealed the suspension, the non-continuity of the TPU encourages the irregular use of parking spaces, harms turnover, favors those who do not pay for parking and compromises the fluidity of traffic, commerce and concession collections. "Users who comply with the rule will be financially penalized, while those who use the space irregularly will not suffer any financial consequences", says an excerpt from the appeal. The prosecutor's office also argued against the understanding adopted by the trial judge that the fee would have the nature of an administrative sanction similar to a traffic fine. It states that the concessionaire does not exercise police powers or impose fines, limiting itself to monitoring vacancies and issuing irregularity notices. The suspension request will still be analyzed by the Court of Justice of Paraíba (TJPB). The determination that suspended Judge Andréa Gonçalves Lopes Lins, from the 1st Public Finance Court of João Pessoa, suspended the charging of fares applied to drivers who park without prior payment or exceed the time allowed in the Blue Zone spaces, still in March. According to the decision, handed down as part of a public civil action filed by a lawyer, the measure has a preliminary nature and immediate effects. For the judge, there are signs of illegality in the adopted model, which “is in full operation, which means that, every day, thousands of citizens are being subjected to a charging system whose legality is strongly questioned”. The judge highlighted that the main question involves the Post-Use Tariff (TPU), applied to drivers who do not make prior payment or exceed the time allowed in the spaces. According to her, the charge works as a kind of “intermediate” penalty before the eventual imposition of fines. The decision also points out that the mechanism invades the Union's competence to legislate on traffic, by creating a charge not provided for in the Brazilian Traffic Code (CTB). Furthermore, the judge understands that the concessionaire responsible for the service would be exercising a typical police power function. Trending videos on g1 Among the measures established by the Court are: full suspension of the collection of the so-called "Post-Use Tariff" (TPU), or any other mechanism with the same purpose, regardless of the nomenclature adopted, which makes the non-imposition of a traffic fine conditional on the payment of an amount to the concessionaire; refraining from issuing "irregularity notices" or notifications that impose on the user the obligation to pay the concessionaire as a way of avoiding a traffic citation; prevent the concessionaire's operating agents from carrying out acts that, materially, correspond to the sanctioning phase of the police power, such as recording "non-regularization" for the purposes of being fined by the traffic authority; The TPU amount charged to date was R$30, within one business day. Until then, if this was not done, the driver would be fined based on the Brazilian Traffic Code (CTB) and would have to pay R$195.23, in addition to five points on the driver's license and removal of the vehicle. Most watched videos from g1 Paraíba
Blue Zone: João Pessoa City Hall appeals fare suspension to maintain R$30 charge
Court suspends tariff collection due to lack of prior payment and excessive time TV Cabo Branco The City of João Pessoa appealed to the Court of Justice of Paraíba (TJPB) to try to reverse the decision of the 1st Public...
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