Clipping of news on Brazilian Culture, Law and Citizenship
Source: Superior Court of Justice 05/25/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
The commission of jurists to draw up a proposal for reform of the Penal Code approved increased penalties for crimes against so-called intangible property, including the violation of copyright. The plagiarism of work or intellectual work of another person was also criminalized and may result in imprisonment for up to two years. The changes were approved in committee meeting on the morning of Thursday (24).
"The intellectual society today is being neglected in Brazil so spiteful. We have a high technology that allows these scams to the intellectual right. Protecting these assets will be greater with the approved proposal, "said the chairman of the committee, minister of the Superior Court of Justice (STJ) Gilson Dipp.
"Offending copyright is harming the national effort to encourage thinking, reflection and work of art," defined the draftsman of the bill, regional attorney Luiz Carlos Gonçalves. The proposal is to separate penalties for separate pipes, but overall, it increases the penalties for these types of crime. Literary, artistic, scientific, patents, utility models and industrial designs are protected.
The basic type (heading) was defined as "violating copyright by reproducing or publishing by any means, for profit directly or indirectly, of an intellectual work, or phonogram or videofonograma, in whole or in part without the express permission of writer, producer or whoever represents them. The current penalty of three months to one year was increased to six months to two years or a fine.
Plagiarism
Plagiarism intellectual, new criminal offense was defined as "present use or to publicly as his own work or intellectual work of others in whole or in part." Penalty will be imprisonment from six months to two years and fine.
The idea of the commission is not to repress interpersonal behavior, but to penalize the abuse which will induce others to error and generate earnings. "The copyright will be better protected today with these new crimes and with the new wording of what is now the law in force," he said Dipp.
Violation qualified
As the hypothesis of offense in a medium large, the penalty will be one to four years. This is the case for the agent to "provide public by cable, fiber optics, internet, computer system or any other that allows the user to select a work or production to receive it for a predetermined time and place."
As the case of violation of commercial use, the penalty is two to five years. In this type would fit who publishes, distributes, sells, offers for sale, rent, introduces, acquires, conceals or keeps in storage the pirated material.
Aware of a social adequacy, jurists were careful not to criminalize the conduct of the student who makes copying books, for example, to escape the high cost of books. When it comes to copying intellectual work or videofonograma frame or in a single copy for private use and exclusive of the copyist, without purpose of direct or indirect profit, the fact shall not constitute a crime. "It's an attempt to exclude the crime due to the Brazilian reality," said the minister Dipp.
Patents and trademarks
The proposal also provides for crimes against patents. In this case, the penalty increased from three months to a year for four years and a fine. Incurs a penalty who manufacture, import, export or sell a product that is subject of a patent invention without authorization.
Crimes against marks consist of "reproduce without permission of the holder, in whole or in part, trademark, or imitate it so that it can be misleading." The violation of trade mark law will yield a penalty of four years (currently three months to one year).
As proposed, the same penalty shall apply to those who import, export, manufacture or market the product with trademark without authorization of the owner, or using, without authorization, vessel, container or packaging bearing a legitimate mark of another, with intent to induce error.
Elsewhere, the committee equated to marks the use of arms, crests or badges official national, foreign or international, when used without permission and with intent to mislead and gain undue advantage.
Crimes against indigenous
Two crimes committed against the indigenous community types own gain, according to lawyers for the proposed new penal code. In one case, yield a prison sentence of two to four years, the act of giving, by any means the acquisition, use and dissemination of alcohol, or similar, in indigenous communities.
The rapporteur of the bill described the behavior as extremely serious and said she collaborates with the almost decimation of indigenous communities. "The effects are deleterious. Indigenous people are not prepared to deal with it, "said prosecutor Gonçalves.
But the ridicule of ceremony, rite or Indian tradition will be penalized with six months to two years in prison. This practice, though related to any religion, is already criminalized, but the committee found it necessary to expand and explanation for the situation of indigenous peoples. Last week lawyers had approved protective standard as is the indigenous offender.
Bids
The committee approved the inclusion in the text of the new Criminal Code of various criminal conduct under Law 8.666/93. Some jurists have increased penalties for the conduct of those who dispense or inexige bidding outside the cases provided by law. In this case, the penalty provided is current three to five years' imprisonment. With the inclusion of its kind in the Criminal Code, the penalty shall be imprisonment of three to six years.
The idea of the proposal is to give the judge a wider margin of penalty to be appropriate depending on the case. Another hypothesis is included in the amendments "but observe the legal formalities pertaining to the exemption or waiver of bidding when applicable." The penalty shall be imprisonment from one to four years. However, in cases where there is actual prejudice to the government, the judge may examine the culpability of the agent, not to apply the penalty as unnecessary.
There was consensus among lawyers about the possibility of increased punishment when fraud is committed to the bidding of health, education and security. The proposal, presented by the Minister Gilson Dipp, should be assessed at the last committee meeting, scheduled for May 28, Monday. "Health, education and security are essential goods and deserve a little more protection than other areas," he argued.
The change may influence the conditional suspension of the process as it would aggravate the penalty for these hypotheses, which can derail the suspension.
Bankruptcy
The committee remained practically the current legislation on bankruptcy, which was the subject of much debate in Congress. Crime of fraud or bankruptcy will bankrupt penalty provided two to five years. Favouring lenders also yield the same penalty - two to five years.
The committee follows a meeting on the afternoon of Thursday (24) and will analyze crime tax, social security, financial, securities market and telecommunications.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.