The Minister of Internal Affairs admits that the excess speed becomes a crime from 180 km/h or 200 km/h. But these violations could already be a crime. A lawyer explained how and what might change.
© Shutterstock
13/08/2026
by
A road safety is one of the main priorities of the Government led by Luís Montenegro – which weights even criminalize excess speed.
This Wednesday (12 August), the Minister of Internal Administration, Luís Neves, admitted that it is in equation to make crime speeds of 180 km/h or 200 km/h. But, currently, walk too fast it could already be a crime under certain circumstances.
Article 291 of the Criminal Code provides that those who violate “gross road traffic rules” for various aspects – including the “speed limit” – may be “punished with prison sentence up to three years or with penalty of fine“.
That is, currently driving in excess of speed can already constitute a situation of “dangerous driving of road vehicle”, and therefore is considered a crime.
Anyone who is caught in this type of disrespect for the rules is not only subject to criminal consequences, but also to ancillary sanctions – namely the loss of six points in the driving licence. But there's a nuance.
What does it take to be a crime?
The lawyer specializing in road law, José Carlos Godinho Rocha, clarified in response to the Auto to the Minute that “overspeed, even very high, does not automatically constitute this crime [driving dangerous]”.
It is necessary that, with the infringement, “the driver creates concrete danger to the life or physical integrity of another person, or to property other than others of high value“.
The expert author of the book “Road and Speed Radars”, said that therefore “it is not enough to demonstrate that the vehicle was moving at a certain speed; it is necessary to prove that, in concrete circumstances – considering, for example, the place, the traffic, the presence of people, the conditions of the track and the form of driving – this conduct effectively created the danger required by law“.
What does this mean? That circular at 180 km/ h (or other excessive speed) can configure, “but not necessarily”, the “dangerous driving crime” – since, “if the creation of that concrete danger is not demonstrated, conduct will in principle be dealt with at national level, under the Road Code ", said the professional.
What can change?
José Carlos Godinho Rocha also explained that “a possible autonomous criminalization of driving from 180 km/h” would be a “relevant change”.
This is because it would no longer be necessary to prove how excessive speed fits into dangerous driving and “it would be possible to associate criminal consequences with exceeding an objective speed limit“.