NOTE: The following is a high-level summary of Telematics News’ understanding of a recent press release on the Government of Brazil’s website. Please click here to read the entire release (Google Translated version).
1) In 2007, the Government of Brazil mandated [Resolution 245/2007 of the National Traffic Council] the fitment of anti-theft devices (tracking and immobiliser) on vehicles in the country starting from early 2010.
2) However in March 2009, the Judge of the Seventh Federal Court in São Paulo decided that the mandate was illegal on the basis that it violated basic privacy laws of consumers because vehicles could be tracked even without the owners’ consent.
3) Due to this, an Ammendment was issued [253/2009] that required necessary modifications to be made to the hardware.
4) Despite this, a consensus was not reached.
5) To resolve differences, a public hearing was held in January 2010, where the Department of Transport demonstrated (based on field operational trials that started in August 2009) that modifications made to the tracking devices made sure that vehicles could not be tracked without the vehicle owner’s consent.
6) As an outcome of this, it seems that the Judge of the Seventh Federal Court in São Paulo (Douglas Camarinha Gonzáles) has recently declared that the hardware meets all the requirements of the law and has put the SVT mandate back on track.
The Mandate requires anti-theft devices to have an immobiliser and a tracker. The tracking feature will need a service contract and it is up to the customer to activate this feature.