Court is called to cancel Santarém rotating parking infraction notices
⚡ Quick Summary
MPPA filed a lawsuit to annul rotating parking infraction notices in Santarém Santarém Agency / Disclosure The Public Ministry of Pará (MPPA) took legal action to annul all traffic violation notices made with notifications made by employees of the concessionaire that operates in the “Pare Azul” rotating parking lot, in the central area of Santarém, in the west of Pará.
MPPA filed a lawsuit to annul rotating parking infraction notices in Santarém
Santarém Agency / Disclosure
The Public Ministry of Pará (MPPA) took legal action to annul all traffic violation notices made with notifications made by employees of the concessionaire that operates in the “Pare Azul” rotating parking lot, in the central area of Santarém, in the west of Pará. The action was filed on June 10th.
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According to the MPPA, the request was made because there is evidence that the infraction notices were not issued by public agents but by employees of the company that manages the parking lot, making the infractions invalid.
Also according to the Public Prosecutor's Office, the action requires the granting of an injunction to order the Municipality and the SMT to refrain from drawing up, issuing, approving or maintaining traffic infraction notices based exclusively on notifications, records, notes or information produced by company employees without prior and effective verification of the infraction by a public agent regularly invested in the exercise of police power.
How did the action begin?
According to the Public Ministry, the action was filed by the prosecutor Diego Belchior Ferreira Santana, after investigating an alleged irregularity in the drawing up of the Notice of Infraction issued by the Municipal Secretariat of Mobility and Traffic of Santarém (SMT).
Now on g1
The investigation began after complaints that fines for rotating parking were not applied by public agents, but based on reports made by employees of the dealership itself. The practice served as a basis for the Public Administration to issue infraction notices later.
The Public Ministry of Pará (MPPA) reported that it even asked the Municipal Mobility and Traffic Secretariat (SMT) for clarification, but the body did not prove that the inspection was carried out exclusively by public agents.
According to the MPPA, a pattern was evident in the "Pare Azul" system: private employees identified supposedly irregular vehicles, recorded the occurrence in the computerized system and this information was used to generate fines.
For the prosecution, there was an illegal transfer of administrative police power — which is exclusive to the State and can only be exercised by legally invested public agents — to a private company.
MPPA Requests
In the Public Civil Action (ACP), the Public Ministry asks the Court for an injunction so that the Municipality and SMT immediately stop issuing fines based solely on reports from concessionaire employees.
The body requires that all infractions be verified in person by a public agent. In the final judgment of the action, the MPPA requires:
Cancellation of fines: The illegality of the procedure and the nullity of all infraction notices applied without the presence of a competent agent be declared;
Return of money: That Santarém City Hall be ordered to return the amounts paid by drivers fined irregularly, in addition to widely publicizing how citizens can request reimbursement;
New inspection structure: That the municipality restructure the system to ensure that only traffic agents carry out inspections, definitively prohibiting the use of third-party data to replace the work of public inspection.
Other side
g1 requested a position from the Secretariat of Mobility and Traffic (SMT), which informed, through the advisory, that it will not yet comment until the department is officially contacted about the case.
g1 also requested a position from the company “Pare Azul”. The representative informed that they have not yet been notified about the action and that a position on the case will be released in the next few hours. The g1 waits.
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