Bill proposes a greater penalty for receiving stolen cell phones

The federal government will present to the National Congress a bill that increases the penalties imposed on the crime of receiving cell phones, electronic devices, cables and wires, as well as other stolen items.

The objective, according to the Ministry of Justice and Public Security (MJSP), who sent the text to the president of Luiz Inácio Lula da Silva, is more rigorously curing those people or gangs that benefit from products from the crime.

The project also creates a new criminal type, qualified theft, when the crime is committed by order for commercial purposes, as well as equivalent to qualified receiving the practice of irregular marketing of subscription television signal, known as “Gatonet” or “TV Box”.

According to the MJSP, if the project is approved, it will be a serious crime to steal something to sell later, especially if it is done as part of a business, whether legal or illegal.

The goal is to dismantle gangs that live from this type of crime. The sale of stolen products – including illegal services, such as the so -called “Gatonet” and the pirate “TV Box” devices – will also be framed as a serious crime.

Also according to the proposition, “there will also be those who acquire, receive, transport, drive, hide, have in deposit, disassemble, set up, reassemble, sell, expose for sale, offer, provide, or use, for their own benefit or alien, well related to the aforementioned service.”

New feathers

In the case of reception for commercial or industrial activity of telephone devices, cables and other equipment related to telecommunications services, the minimum penalty may go from 3 years in prison to 4 years, or 4 and a half years (50%increase); and the maximum, from 8 to 10 years and 6 months (30%increase), or 12 years (50%increase).

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The punishment for those who buy, sell or transport stolen products will be increased, especially if the items are:

• cell phones or devices that store personal data;
• Cables and Equipment of Energy and Telecommunications;
• goods in transportation or postal shipping; or
• Medicines, fuels, fertilizers, ores, cigarettes, weapons or vehicles.

The proposal also covers the reception between family members. Currently, those who buy a stolen item from a relative may not be punished. With the change, this breach will be closed.

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The marketing of Gatoet or TV Box will be equated with qualified reception to combat the illegal deviation of audiovisual signs and unfair competition.

Current jurisprudence does not allow to frame this conduct in the crime of theft of electricity, justifying the need for specific typification.

The use of non -approved products, such as pirate telecommunication equipment, has been the target of inspection from the National Telecommunications Agency (Anatel), which since 2023 has removed more than 1.6 million irregular items from the market, valued at R $ 253 million.