Repress??o penal ?? venda de cigarros contrabandeados: estudo da atua????o do Minist??rio P??blico Federal e proposi????o de solu????es de aprimoramento sob o vi??s da sa??de p??blica

• Autor(a) principal: Martinez, Viviane de Oliveira
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UCB
• Texto Completo: https://bdtd.ucb.br:8443/jspui/handle/tede/2709
• topic: Cigarros; Contrabando; An??lise econ??mica do direito; Law and economics; Smuggling; Cigarettes; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This research aims at investigating the efficiency of Brazilian criminal law enforcement system for smuggled cigarettes illicit trade, based on Law and Economics (L&E). It has been described events that influenced both in functioning of global cigarette market since its inception and in the form of government intervention, which has become increasingly widespread over time, leading several countries to conclude the Framework Convention on Tobacco Control. From this international convention, adopted by Brazil, it was described how the measures established there impacted the domestic market, in order to compromise the efficiency of government intervention, causing loss of tax revenues, raised illicit trade and increased repression. Based on the teachings of Becker (1968), that States should only impose more expensive penalties when reducing crime, and that cigarette smuggling is growing despite the current repressive criminal system, values involved in judgements were calculated, which made it possible to observe that criminal repression has caused damage to the Federal Government. Also based on the same author, in the sense that offenders chooses to commit crime due to the weighting of benefits and costs that will accrue to his misconduct, assessing the risks of their capture and punishment, data of people seized in possession of smuggled cigarettes in the State of S??o Paulo between 2017 and 2018 were analyzed, and throughout the results of data analysis it can be seen that the smuggling of the product was predominantly practiced by men, who have elementary school, are 35 to 59 years old and white-skinned. With support of official economic data, it can be concluded that smuggling cigarettes trade is a low economic return activity, practiced for the purpose of supporting or supplementing income. According to specific examples of efficiency found in the criminal repressive system, Minist??rio P??blico Federal [Federal Prosecutor??s Office] was proposed to bring before criminal courts only smuggling cases involving the evasion of more than BRL$ 20,000.00 of taxes. Alternatively, a less inefficient punishment scheme was proposed, where insignificance would be combined with the conclusion of non-prosecution agreements and efficient criminal prosecution, in order to recover the damage suffered by Federal Government, on behalf of protecting public health.