Traffic laws need to be reformed.

The initial impression, and it's not wrong, reveals that the Traffic Code established duties for the driver and rights for the State.

Indeed, Law No. 9503/97 deserves a timely reform, insofar as statistical data demonstrate its imperfection, the growing number of accidents, and the inclusion of ten million vehicles in the country's traffic since the enactment of the law.

The State would be responsible for administering the road network, investing heavily through taxes, particularly the IPVA (Vehicle Property Tax), and managing the main thoroughfares.

However, in practical terms, in Brazil's main capitals, and even in smaller cities, it is impossible to get around at any time of day, resulting in losses of over R$ 50 billion per year due to this anomaly on the part of the authorities.

In fact, the municipality and the State of São Paulo broke all records in the application of fines, collecting billions, a figure far superior to that of the federal government.

If, like the "interest meter" and the "tax meter," we were to install a "multometer," we would see that the speed would be astonishing and absurdly inconsequential.

But that's not all. Continuously and permanently, we don't see a traffic authority to guide, educate, and regulate traffic, whether in the city or on the roads; the only concern, perhaps the central one, is to collect revenue without any link to its expenditure.

In every sense, the Traffic Code failed, and it was not capable, 15 years ago, of predicting an explosion in the automotive industry, motorcycles, and currently, bicycles.

There is no set route, and everything is very confusing.

What's even more serious is realizing that speed limit signs are constantly changing, with reductions occurring without the driver noticing.

A recent study has shown that if the speed limit were increased by 5 km/h, with appropriate signage, without compromising traffic safety, almost a third of traffic tickets would not be issued.

Therefore, if we had signs indicating 65, 75, 85, 95, 105, and 125 respectively, the mischief of public authorities would be encapsulated, since even though we've moved beyond horse-drawn carriages and now have first-world cars, Brazilian roads, in general, only allow a maximum speed of 120 km/h, unlike what happens in Europe and the United States.

In addition, inspections by the authorities should be daily, and not just to verify the driver's intoxicated state during the night.

Raids also need to be carried out on motorcycle drivers and passengers, as they have proven to be the most frequent perpetrators of criminal activity over the years.

The Traffic Code has lost its spirit, its raison d'être, given individual mobility and the influx caused by the excessive increase in production without a corresponding road network.

Another crucial point is that our pedestrians are disoriented, they don't look at the traffic lights when crossing, they always rely on the cars for guidance, they don't use the crosswalk, and all of this creates a climate of insecurity. While in some countries they are fined, here in Brazil the driver will always be presumed guilty.

Traffic offenses must be adapted to reality, fundamentally when dealing with negligent injury and manslaughter where the accused assumes the risk due to speeding, intoxication, or behavior that deviates from normality.

By all indications, Brazilian traffic kills more people than anywhere else on the planet; billions are spent on mandatory insurance, not to mention the number of people disabled and on sick leave.

In this context, we need to educate people about traffic safety, and that role falls to the State, which has not been fulfilling its mission. Irregular speed bumps remain, and on a narrow street, parking is allowed on both sides, with buses passing by, as incredible as it may seem.

Without modern and dynamic re-engineering, with a firm stance and implementation of improvements, we will not achieve a reform of the legislation, much less of the mentality of the population, which suffers the consequences of this irresponsibility.

Carlos Henrique Abrão is a judge of the Court of Justice of São Paulo.