Jean  Rafael Sanches

Jean Rafael Sanches

Representante Jurídico da FENEAUTO - FENEAUTO

Últimos Discursos

29 de abr, 16:55

COMISSÃO ESPECIAL SOBRE ALTERAÇÃO NO CÓDIGO DE TRÂNSITO BRASILEIRO (PL 8085/14)

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A questão do ensino teórico e prático. A gente vive um período, relator, muito complicado, porque a carga teórica não existe. Então, esse ensino hoje é prioritariamente pela Senatran, pelos canais digitais. Então, eu acho que isso deveria ser modificado através de uma implementação no ensino da escola com esse cuidado. e o ensino prático na gestão de velocidade de rodovia, a rodovia sempre foi um limbo para nós, porque sempre existiu uma briga de responsabilidade quando tinha ela no conteúdo programático. Ah, é com autorização do órgão de circunstituição da via, qual seria? Qual seria? PRF detran prefeitura PR é e ninguém tinha autorizava então ela só dava só ocorrer os municípios pequenos então hoje com duas aulas você incluir a rodovia gestão de velocidade tudo fica muito complicado então a gente acredita numa nova realidade para que haja um consenso uma modificação nisso para retornar e restabelecer os pilares da educação nesse sentido. Na questão da segurança jurídica do Free Flow, a gente volta no embate da questão da normatização e da legislação. Eu acho que muitos, se existe justiça no que está sendo feito, se existe razoabilidade, se os gestores estão tão conscientes e certos do que estão aplicando, deveriam recorrer ao parlamento e utilizar o projeto de lei, trabalhar perante a comissão, pegar esses pontos mais polêmicos e trazer para que venha através de lei, pela casa legislativa. os músculos deixa definitivamente com o Congresso e a normatização ficar mais na questão de rotina porque aí você afasta completamente cenário de segurança jurídica Agradeço pelas respostas.

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29 de abr, 16:20

COMISSÃO ESPECIAL SOBRE ALTERAÇÃO NO CÓDIGO DE TRÂNSITO BRASILEIRO (PL 8085/14)

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Well. Coronel Just opening here. Yes. Thank you for the invitation, especially I have been at the time to be a Igor because I was from the National National National School of Health and Health and Health and Health, I asked him to speak for a question. I'm very much on the quality of the representative of the Câmara Temática. I went for four mandats. I want to again, again, to my request from the first audience that I participated in, that is the importance of the work made by this committee. The importance of having laws clear, objective and with limits established for the regulator. Entendeu como como que é importante esse trabalho porque senão will prevail the arbitrage And it's about this I want to talk about the difference between the legislative and the normative. What the house works, the message that comes to us there, as a law, as a technical, and what is created. So I will try to be the most brief as possible, talking about Free Flow, It's my interest, a topic that I like to study. I can say, I always start my studies a interpretação teleológica free flow porque eu fui foi nada contra o sistema muito pelo contrário entendeu é segura é moderno é eficaz é eficiente é referência em vários países But the way we implement it in Brazil is always problematic. We always can get a problem where we should not have. So it's a project of authority of the deputy Spiridion Amir as a deputy or senator and what was the main goal of his justice tariff. For whom? For the citizen that, in the same municipality, he needed to enter the car and pay the payage. the minimum time of use and payment of the same tariff would create injustice. This was the goal of the senator as a deputy spirit of the army. This objective was attended Until today. What is the story of Free Flow? He came as a law in 2021. It was regulated in a brief way by Tarcísio in 2022, but without the details that allowed its implementation to be mediated. And then it was definitely through the resolution of the Minister Renan. And I can say that this justiça tarifaria, she is suspended until the definitive adoption of football, to maintain the economic and financial balance of the contract of concessions. So, it was not a priority in its implementation, nor parcialmente, nor minimum. At least in the city of São Paulo, there is this tax tax. So, until today, we don't have it, even in all the praises and volumes that have been published. Passando a interpretação telelogic I feel lack of pain because I think we've been suffering, and this is a problem that the House has to correct. What are these norms? Several resolutions, and several regulators, it turns out a real confusion and I'm talking here as a interpreter, I'm going to talk about the law, I'm not going to question justice or justice, I have my perception, I'm going to talk about it, but we have a resolution of the control of 1003/2024, that is the free flow, but we have the resolution of the National Transportation Transport, which is not present, And then I call attention, because it wasn't citated, I even got worried about it. Is it going to be revoked or modified? That is the resolution 6079-2026, of 27th of January of 2026, called the "Marco Regulatory Free Flow" She was in the last week of our minister of transport. We, who transit in Brasília and work, even at the Câmara Temática, know Everything that comes in the last month, a good thing is. So it's about this resolution that I want to talk about it. What the Senatran says about this resolution, this resolution is about homologation of system. This resolution, the NTD, she talks about the treatment with the user. Contratos and responsibilities. And about this I want to mention of a segment that had a work before the resolution, had a work of media aggressive, to be qualified as mafiosos. reserve of market protectionism, you want benefits. and the letter of the resolution that will be part of what I'm going to say, I want to make this new analysis, if this group really is this. or is victim of our minister. First important point to put this resolution, the NTT has a transition of 120 days that we didn't have. We always question the federal federal laws of impact relevant, which has to have a problem of relevance. It's the same minister. The same thing is like, A NTT contra 1. and she had to be published on 27th of 6 she was going to 26/07 so all the rules that I will say at the end of June have to be implemented and then we will make a correlation with what was published today Is it really benefit the population? Or is it, once again, the media is being used to give another finalization to that. Let's go! The first thing that she brings is interesting, which is the question of the trocades of Mercosul. a elemento de identificação seria tag mas ela fala no artigo 201 a que a identificação de veículos dá-se-a obrigatoriamente pela verificação dos caracteres da placa de identificação veicular placa mercosul a gente ressuscita uma antiga discussão que veio antes do governo bolsonaro era uma política do governo bolsonaro não concordava suspendeu and now it comes definitive through a resolution NTT. The contrary, it establishes other mechanisms of identification of the vehicle, like image, placa, but this letter, in the resolution of the NTT, It calls attention. Is it the moment of the discussion that is already in the case, of the name of the state, the name of the municipality, of the property of the citizen? that prevent the transfer of vehicles that avalanche of the multa that can enter, to preserve the third of the good-fair. So this is a debate that The camera could do it. Second point. risk of service. The article 63-H says that 100% is responsibility for the unison. 100% of fraud is responsibility for the unison. the União impact tarifário. and 90% of the inadimplence above 180 days is the UN. What is the União responsibility? is the problem of the system and the 10% difference in the landing place. Is there proporcionality In this evaluation, and this is a question and I also bring the law 8987 that is the law of concessions public, which is in the definition of the concept that it is for your account and risk, so the risk is from the concessionaires, Why did the union say about this? I'm talking about the letter of this resolution. And the fourth item, I have two minutes and a little, this is the most... I don't understand. but I have to bring it because we have to debate a public audience. It is created the Compensation Contra de Compensation, the 180, instituted the Compensation Contra de Titularidade da Concessionária, destinada exclusively to receive the values decorrentes of the payment of the multas applied with the fundament of the 209-A. and the fundamental of this compensation account is in the 3220, which is the same as the FUNSET, but it is a limit for reposition economic prejuicios. So, in the because of the non-payment I will deposit it in a title. This word title is in the text of the resolution. I've never seen this. The Fonset he goes to Senatran and this allows the contingency. And then I made some questions about this. How will this payment be made? Will it be made by the State and State? with the fact that the circonscription is on the way that is the benefit of this payment. This regra was instituted to avoid contingency which is made by the FUNCETE will there be a fiscalization in the court? will be discounted 5% for the FUNCET? So this engineering I couldn't understand. and trying to finish the next time. Coincidências do Sistema Normativo. and this resolution the MTT has 120 days in the final of June and today the government public, today the government public a deliberation of E77, giving 200 days for suspend the a new payment, There is no benefit If I give a long term, there is no high-inded influence. So, we don't have to apply the multa. "Joga-se 200 dias para novembro, coincidentemente após eleição." So in November we have two very critical points. The citizen pays the mortgage as a act or with the license, which is 90%, this was said here. We are going to risk in November All this suspended payment be made that month. And then, I'm going to talk about numbers. It was talked about 3,4 million dollars of suspended multas, multiplied by 195 reais. paid in a compensation account. of the titularity of the concessionary. I'm not criticizing the concessionary. I work with the coffee commerce, I work with the empresarial, we have to look for the best conditions. But the letter of the resolution, if this is just Why is it not here? Why is it not here? Why is it not here defending this norm? How much is the impact of this? So, I'm finally, deputado, and I'm really grateful, more once, the importance of the legislative power in this the importance of the laws of the importance of a greater transparency of the CONTRAN, inclusion of new members, CNT, CNC, a member of the CVT to at least participate. And so, Coronel, We continue suffering as a representative and see the difference between the instrument that we know and this resolution that I bring to the debate for you. Thank you very much. Thank you.

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