Examination of Bill 4,393/89, which amends art. 180 of the Brazilian Criminal Code

Abstract

The opinion examines Bill 4,393/89, which amends art. 180 of the Brazilian Criminal Code, proposing increased penalties for the crime of receiving stolen goods when the material object consists of firearms, ammunition, historical, archaeological, or artistic property, jewelry, motor vehicles or their components, as well as in cases of concurrence of persons. It acknowledges the seriousness of receiving stolen goods, a driving force behind crimes against property and Public Administration, and the need to repress it more severely. It points out, however, legislative drafting defects, especially the equivocal expression "increased by up to three times," which could result in an insignificant minimum penalty. It proposes a substitute bill converting aggravating causes into qualified forms, setting a penalty of two to five years' imprisonment, along with drafting adjustments, concluding that the bill is not ready for simple approval, deserving the suggested changes.