The Superior Court of Justice (STJ) confirmed the rule of the Brazilian Traffic Code (CTB) that requires proof of a negative toxicological test to obtain and renew categories C, D and E of the National Driver’s License (CNH).
The judgment was held on June 8 by the First Section of the STJ. The ruling of the decision was published on June 15.
The ministers responded to an appeal filed by the Union in defense of the CTB and overturned Federal Court decisions that suspended the requirement for a negative test.
The text of the judgment of the judgment defined that, “the obligation to present a negative result in the toxicological examination of wide detection is linked to the qualification categories, and not to parameters associated with the professional activity of the driver”.
The understanding should be applied in other similar cases that are pending in the Judiciary.