Fines in focus: construction noise and parking in front of the garage

Recent events in the cities of Marília (SP) and Guarulhos (SP) have put the topic “fine” in the spotlight of searches. In Marília, a bill could raise the penalty for construction noise to more than R$ 7,000; in Guarulhos, the citation of a driver for parking in front of his own garage revived the discussion about the application of the Brazilian Traffic Code.

Bill in Marília increases fine for construction noise

Councilor Junior Féfin (União Brasil) presented PL No. 135/2026, which amends Municipal Law No. 6.356/2005. The proposal creates a specific article for public and private works, establishing a fine of 200 State Fiscal Units (Ufesps), a amount exceeding R$ 7,000, for anyone who operates machines outside the permitted hours or conditions.

During inspection, the officer may record the notification on the spot and grant up to 10 minutes for the responsible party to stop the noise. If the violation persists, the infraction report is issued immediately, with a detailed record of the occurrence.

In case of recurrence, the fine will be doubled and may be accompanied by measures such as seizure, closure, sealing, revocation of the permit or embargo of the work. The bill received a favorable legal opinion, with recommendations for adjustments to ensure clarity and avoid conflicts with existing legislation.

Current noise‑control rules in Marília

The current law already defines a night period from 10 p.m. to 7 a.m. (until 9 a.m. on Sundays and holidays) and sets technical measurement criteria, such as the use of calibrated meters and compliance with ABNT and CONAMA standards. Measurements must consider the distance from the equipment, reflective surfaces and the exclusion of natural interferences like rain or wind.

Fine for parking in front of one's own garage in Guarulhos

A Guarulhos resident was cited for parking his car in front of his own garage, receiving a fine of R$ 130.16 and four points on his driver’s license. The driver contested the action, arguing that no neighbor was harmed and that the street has no specific parking regulation.

The Brazilian Traffic Code prohibits parking in front of a lowered curb used for vehicle entry or exit, without exception for the property owner. The Brazilian Inspection Manual advises agents to consider the principle of reasonableness on roads without regulation, recommending that the affected person be contacted before issuing a citation.

What traffic legislation determines

The general rule prevents any vehicle, including the owner’s, from blocking a lowered curb, regardless of plate or complaint. The infraction can result in a fine, points on the license and removal of the vehicle. When the road lacks specific signage, the manual’s guidance allows the officer to assess whether a person was harmed before deciding on the citation.

How to appeal noise and parking fines

For the noise fine, the responsible party can file an administrative defense, contesting the measurement’s regularity or the compliance with permitted hours. In the parking case, the driver should review the notification, gather photos of the street and garage, proof of residence and, if available, the absence of third‑party complaints to substantiate the defense.

In both cases, the appeal will be analyzed individually and does not automatically guarantee the penalty’s cancellation. When there is suspicion of abuse or irregular conduct by the officer, it is possible to contact the appropriate ombudsman or internal affairs department.

With information from Marília Notícia, Portal Tempo Novo, Diário do Comércio.