No, eating while driving in Brazil is not explicitly prohibited by federal law, but local traffic regulations and municipal ordinances often restrict it. The Código de Trânsito Brasileiro (CTB) does not list eating as a specific infraction, yet Article 252 (distracted driving) and Article 170 (reckless conduct) may apply if the act impairs control. Municipalities like São Paulo and Rio de Janeiro have enacted local laws banning eating behind the wheel, with fines up to R$293.47 (2024 value). The 2026 National Traffic Plan may introduce stricter nationwide guidelines.
Key Regulations for Eating While Driving in Brazil
- Federal CTB Provisions: Articles 252 (distraction) and 170 (reckless conduct) enable enforcement if eating compromises vehicle control or causes accidents. Courts interpret these broadly, particularly in cases of spills or impaired handling.
- Municipal Ordinances: Cities such as São Paulo (Law 14.843/2012) and Rio de Janeiro (Decree 42.931/2017) explicitly ban eating while driving, classifying it as a secondary infraction punishable by fines and potential license points.
- 2026 Compliance Shifts: The upcoming Plano Nacional de Trânsito may codify eating as a primary offense, aligning with global distracted-driving trends. Proposed amendments include mandatory education programs for repeat offenders.
Enforcement varies by jurisdiction, with police prioritizing cases where eating visibly contributes to erratic driving. Drivers should verify local statutes, as penalties escalate under municipal codes.