Efetividade jurisdicional vs legalidade administrativa estrita: Desafios operacionais da PRF na apreensão de veículos com restrição judicial de circulação de natureza cível/trabalhista

Abstract

This article investigates the legal-administrative impasse involving the Federal Highway Police (PRF) regarding the seizure of vehicles subject solely to civil or labor-related judicial driving restrictions recorded in the Renajud system. The analysis traces the history of operational difficulties faced by the agency from 2008 until it definitively ceased this practice in 2014—a decision based on legal opinions from the Office of the Attorney General of the Union (AGU) establishing that the execution of such orders falls to court bailiffs. Thus, the study examines operational limitations and whether the PRF possesses the authority to enforce non-criminal judicial decisions. It argues that institutional collaboration should not be summarily dismissed but rather structured through a framework of cooperation. As a State agency, the PRF retains a legal duty to comply with and enforce court orders within federal highways and areas of federal interest. Furthermore, potential operational constraints can be overcome through Technical Cooperation Agreements (ACTs) between the courts, PRF regional superintendencies, and state traffic departments (Detrans). Such coordination enables enforcement and harmonizes the effectiveness of judicial relief with the agency's administrative capacity, without compromising its constitutional functions regarding public security and traffic enforcement. To this end, the research employs a qualitative, exploratory, bibliographic, and interdisciplinary approach involving the analysis of official documents, utilizing the technique of balancing principles as a logical procedure to resolve conflicts between opposing interests.