The incorporation, by wet, of 10% w/w from the mixture of two solid wastes, rubber from waste tires and oily petroleum sludge, in proportions 15/85% w/w (M1) and 85/15% w/w (M2) on asphalt binder CAP 50/70 (PA-M1-10 and PA-M2-10) was evaluated against the unmodified binder, regarding the empirical properties: apparent viscosity, flux activation energy, penetration, softening point, specific mass, adhesion to stone aggregates, machining, and compaction temperature, and indirect tensile strength test (ITS) of its hot asphalt mixture (HMA). Test results showed that the modifiers do not significantly change the values of empirical properties under analysis, except the flow activation energy. Modified samples had a lower value when compared to the binder PA 50/70, and the penetration of modified binder PA-M2-10, which for having a higher concentration of rubber tire made it harder, changed to binder class 40-50, according to standard ASTM D946-09A. The ITS behavior of HMA's processed with modified binders showed compatible values with the unmodified binder, meeting the standard ASTM D6931-12.