Search

 

Cablegate: Brazil: Piracy Cpi's Fourth Ipr Bill

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 BRASILIA 002160

SIPDIS

STATE FOR WHA/BSC, EB/TPP/MTA/IPC SWILSON, AND CA/VO
STATE PASS TO USTR FOR SCRONIN, LYANG AND BPECK
USDOC FOR
4322/ITA/MAC/WH/OLAC/WBASTIAN/JANDERSEN/DMCDO UGALL/DRISCOLL
USDOC FOR 3134/USFCS/OIO/EOLSON/DDEVITO
TREASURY FOR OASIA/SEGAL
NCS FOR DEMPSEY

E.O. 12958: N/A
TAGS: KIPR ETRD KCRM PGOV ECON BR IPR
SUBJECT: BRAZIL: PIRACY CPI'S FOURTH IPR BILL

REFS: A) BRASILIA 2150 B) BRASILIA 2017 C) BRASILIA 1668

1. This is the fourth in a series of five cables on
legislation put forward on July 16, 2004 by Deputies
belonging to the Congressional Investigative Commission on
Piracy (reftels). Below is Embassy's unofficial
translation of the text of the fourth bill.

2. Bill 3967/2004
(of the Piracy CPI)

Modifies the penalty for crimes of contraband and receipt
of illicit goods

The National Congress decrees:

Article 1 - This law increases the penalty for privation of
liberty mandated for the crimes of contraband or smuggling
and receipt of illicit goods, penalties restricting rights:

Article 2 - Art. 180 and 334 of Decree-law no. 2.848 of
December 7, 1940, enters into effect with the following
edit:

"Art. 180 .......................
Penalty - confinement, from 1 (one) to 4 (four) year, and
loss of the right to do business.

Paragraph 1 .......................
Penalty - confinement from 3(three) to 8(eight) years, and
loss of the right to do business."

"Art. 334. Import or export prohibited merchandise or
evade, in full or in part, the payment of rights or taxes
due on the entrance, or the exit or consumption of
merchandise:
Penalty - confinement, from 1(one) to 4(four) years and
loss of merchandise and the vehicle used to effect the
entrance or exit, as well as losing the right to do
business."

Article 3 - This law goes into effect on the date of its
publication.

JUSTIFICATION

The bill that the Piracy CPI hereby presents has as its
objective modification of the penal law to combat piracy so
prevalent in our society.

In Foz do Iguacu there are many buses that cross the border
every day. These buses, contrary to what might be
expected, don't carry passengers, as they don't even have
seats. They are true cargo carriers, loaded with
merchandise that is illegal either because it can't come
into the country or because it came in without paying the
taxes due.

In the same way, throughout Brazil stores sell pirated
merchandise; when there is an investigation, we seize it,
and the next day they are back in business with hundreds
more illegal products.

The objective of this bill is, besides the deprivation of
liberty already proscribed by the law, to deprive merchants
who sell illegal products of the right to do business and
those who promote contraband to lose the means of transport
through which the crime was committed, in addition to the
merchandise, which is often not even seized.

With the hope that these measures help to decrease the
entrance of illegal products into the country, we count on
the support of the illustrious Deputies for approval of
this project.

Sessions Room, July 16, 2004
Deputy Medeiros, President
Deputy Josias Quintal, Reporter

End unofficial Embassy translation.

Danilovich

© Scoop Media

 
 
 
World Headlines

 


Myanmar: UN Condemns Escalating Violence In Deadliest Day Of Protests So Far

In response to the killing of at least 18 protesters demonstrating against Myanmar’s military coup, the UN human rights office (OHCHR) on Sunday together with the UN chief, strongly condemned the “escalating violence” and called for an immediate end to the use of force... More>>

Syria: Economic Decline, Rising Hunger And Surging Humanitarian Needs

Syria’s fragile economy has “suffered multiple shocks” over the past 18 months, with its currency plummeting and joblessness swelling as people struggle to cover their basic needs, the UN Emergency Relief Coordinator told the Security Council ... More>>

OECD: Final Quarter Of 2020 Shows Continued Recovery In G20 International Merchandise Trade

G20 international merchandise trade continued to rebound in the fourth quarter of 2020 ( exports up 7.2% and imports up 6.8%), following the sharp falls seen in the first half of 2020, as lockdown measures affected trade globally. Although growth ... More>>


Focus On: UN SDGs


UNFCCC: Greater Climate Ambition Urged As Initial NDC Synthesis Report Is Published

UN Climate Change today published the Initial NDC Synthesis Report, showing nations must redouble efforts and submit stronger, more ambitious national climate action plans in 2021 if they’re to achieve the Paris Agreement goal of limiting global temperature rise by 2°C—ideally 1.5°C—by the end of the century... More>>


2021: Critical Year To ‘reset Our Relationship With Nature’ – UN Chief

During this time of “crisis and fragility”, the UN chief told the United Nations Environment Assembly on Monday that human well-being and prosperity can be vastly improved by prioritizing nature-based solutions. Painting a picture of the turmoil ... More>>


Paris Agreement: UN Secretary-General António Guterres To Mark U.S. Reentry With Envoy For Climate John Kerry

Watch live at webtv.un.org UN Secretary-General António Guterres will join U.S. Special Presidential Envoy for Climate John F. Kerry at an event marking the United States’ reentry into the Paris Agreement this Friday. The discussion with the Secretary-General ... More>>