RE 1224374

RE 1.224.374 was a case of the Supreme Court of Brazil concerning the constitutionality of penalizing refusal to submit oneself to drug influence tests on traffic stops, such as a breathalyzer. The case's rapporteur, minister Luiz Fux, cast the initial vote and the Court unanimously agreed, upholding the constitutionality of such penalties.

The case was judged alongside ADI 4017 and ADI 4103, both regarding the constitutionality of prohibiting the sale of alcoholic beverages alongside highways and its inspection by the Highway Police.

Background The case was brought to the Supreme Court after the of Rio Grande do Sul challenged a decision by the state's Court of Justice (TJ-RS) to reverse penalties imposed upon a driver that refused a breathalyzer test.

Specifically, the case put into question the constitutionality of Article 165-A of the Brazilian Transit Code:

The argument against the constitutionality of the article was that penalizing the refusal to test for inebriation would restrict the accused's defense, and could lead to self-incrimination.

High Court decision The Court unanimously ruled that, since the refusal does not constitute a crime and is instead only penalized by administrative sanctions, there is no violation of the principle of no self-incrimination. Additionally, it was decided that sanctioning test refusal is an effective means of enforcing the law.

Judiciary representation Supreme Court membersMinistersYesNoLuiz Fux11Luís Roberto Barroso11Edson Fachin11Ricardo Lewandowski11Cármen Lúcia11Nunes Marques11Gilmar Mendes11André Mendonça11Alexandre de Moraes11Dias Toffoli11Rosa Weber11Total111100

RE 1224374

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