Os remédios constitucionais como manopla da legalidade: uma análise sobre as punibilidades administrativas do DETRAN

Abstract

This paper aims to analyze the writ of mandamus as a fundamental instrument for controlling the legality of administrative acts, especially regarding penalties applied by traffic authorities, with emphasis on the actions of the State Department of Traffic (DETRAN). It starts from the premise that, not infrequently, the Public Administration, in exercising its police power, exceeds the limits imposed by the 1988 Federal Constitution and by infra-constitutional legislation, notably the Brazilian Traffic Code, leading to the imposition of penalties that lack legal support or that are applied in violation of the principles governing administrative activity. In this context, the study seeks to highlight situations in which DETRAN acts illegally or imprudently, either through disregard for due process, the right to a full defense, and the right to a fair hearing, or through the disproportionate application of administrative sanctions. The analysis will also focus on the distinction between the penalties of suspension and revocation of the right to drive, highlighting their legal assumptions, effects, and requirements, in order to demonstrate recurring errors in their practical application. Furthermore, the study will address the relevance of constitutional remedies, especially the writ of mandamus, as a mechanism capable of safeguarding clear and certain rights violated or threatened by illegal or abusive acts of the Public Administration. Thus, it aims to demonstrate how this instrument proves essential for the protection of citizens' rights against state arbitrariness, functioning as a true guarantee of the supremacy of legality and the protection of individual liberties.