Substitute judge Diana Wanderlei, from the 5th Federal Court of Brasilia, determined, on the night of Monday (18), that the government maintains “fully functioning” the speed radars that stopped operating due to the lack of resources for maintenance. It is up to appeal. 
By the decision, the National Department of Transport Infrastructure (DNIT) has 24 hours to notify all federal highway radar dealers to keep the equipment in operation.
The magistrate stipulated a daily fine of $ 50,000 per radar that is not fully operational, to be applied to the company responsible for maintaining the equipment. The same fine amount should be applied to DNIT if it takes to notify the dealers.
The decision was issued in a popular action opened in 2019 against the government of then -President Jair Bolsonaro, who at the time had threatened to turn off thousands of radars on federal highways.
At the time, the Government signed a National Radar Agreement, pledging to maintain linked and in operation 100% of equipment installed in places with medium, high and high creativity levels, based on accident analysis and mortality on federal highways.
Suspended contracts
This year, however, the DNIT informed the Federal Court the suspension of contracts for the maintenance of radars, due to lack of provision of appeals in the Annual Budget Law (LOA) of 2025.
The Brazilian Association of Traffic Engineering Companies (Abeetrans) also informed the courts that concessionaires could no longer maintain 100% of radars functioning due to the suspension of contracts by DNIT.
According to DNIT, R $ 364.1 million is required to maintain the National Radar System in full operation, but the Union budget foresees only R $ 43.36 million for maintenance contracts.
The Brazilian Association of Traffic Engineering Companies (Abeetrans) also pointed out that the federal revenue with fines imposed by speed radars exceed $ 1 billion per year. Thus, when suspending contracts, in practice the government gives up more than $ 500,000 in revenue, once discounted the costs with the maintenance of equipment.
“That is, in double dose, the union is giving up recipes and compromising road safety, encouraging high speeds on highways and, therefore, traffic deaths have already increased,” wrote Judge Diana Wanderlei.
Term
She gave the federal government five days to “present the planning of budget resources to immediately pay the investments made for the faithful compliance with the National Radar Agreement within five days”.
The magistrate also ordered that the DNIT informs the consequences of the black highways and the exact amount necessary to comply with the judicial agreement on radars at 72 hours.
THE Brazil agency He contacted the Attorney General of the Union (AGU), questioning any appeal against the decision, but did not obtain return until the publication of the report.
