The ineffectiveness of notifications in the transit administrative process

The present study will address the (in) effectiveness of notifications of Traffic Notices and Penalty Notices, within the administrative traffic process, and, consequently, the observation of the constitutional rights of full defense and adversarial proceedings, in the process. The study carried out a bibliographical review of laws, resolutions, doctrines and jurisprudence on the subject, explaining the losses and proposing tools that minimize invalid notifications or the lack of them within the administrative traffic process. The importance of valid notification within the administrative transit process will be made clear, aiming to guarantee due legal process within the Democratic State of Law. Furthermore, it will be seen that there are several ways to notify the offender, thus, the trivialization of notifications made by notices, are nothing more than shields used by the Public  Administration, in order to cover up the failures resulting from invalid notifications, shielding the restriction of defense and contradictory inherent to the offender. Therefore, it is extremely important to create technological and innovative mechanisms that guarantee the right to technical defense and the exercise of contradicto. In this sense, the creation of tools that enable the constitutional guarantee of broad participation within the administrative process, will in fact be a mechanism that eliminates the restriction of defense, the result of the trivialization of the institute of valid notifications.