President Luiz Inácio Lula da Silva has signed into law a new law that toughens penalties for property crimes, with a special focus on offenses committed in the digital environment. The measure was published in the Official Gazette of the Union this Monday (4) and amends provisions of the Penal Code to increase punishments in cases of theft, robbery and fraud.
The proposal had already been approved by the National Congress, after being processed in the Chamber of Deputies and the Senate, and now returns as legislation in force with relevant changes in the treatment of these crimes.
Harsher punishments for theft.
Among the main changes is the increase in the penalty for simple theft, which goes from 1 to 4 years of imprisonment to 1 to 6 years. The legislation also provides for aggravated penalties when the crime occurs during the night, which can increase the sentence by up to half.
In cases of aggravated theft, such as those committed through fraud using electronic devices—a common practice in online scams—the punishment has also been increased, from 4 to 8 years to 4 to 10 years of imprisonment.
The law also toughens the treatment for thefts considered more serious, such as the theft of vehicles transported to other states or abroad, as well as the theft of farm or domestic animals. In these cases, the penalty ranges from 4 to 10 years, in addition to a fine.
Cell phones and electronics are considered aggravating factors.
Another key point is the explicit inclusion of cell phones, computers, and other electronic devices among the items whose theft can aggravate the penalty.Therefore, the theft of these items will now allow for an increase in punishment of one-third to one-half, depending on the circumstances.
The change reflects the growth of this type of crime in the country, especially in urban centers, where the theft of cell phones has become commonplace.
Protection of essential services
The new legislation also establishes specific penalties for thefts that directly affect essential services. The theft of wires, cables, and equipment used in areas such as electricity, telephony, internet, and rail transport will now be punishable by imprisonment from 2 to 8 years.
The goal is to curb actions that directly impact the functioning of critical infrastructure and cause collective harm.
Stricter rules for robberies
In the case of robbery, the basic penalty of 4 to 10 years in prison, in addition to a fine, is aggravated when the crime affects public property. The legislation also provides for even more severe treatment when the theft compromises the functioning of public bodies or essential services.
In these situations, the punishment can reach 6 to 12 years of imprisonment, also accompanied by a fine.
Impact and application of the new law
The presidential sanction represents a response to the increase in property crimes, especially those committed using technology. The expectation is that the toughening of penalties will act as a deterrent to criminal practices and expand the capacity of the justice system to respond.
The new rules will take effect upon publication in the Official Gazette, and it will be up to the police and judicial authorities to classify cases according to the changes foreseen in the legislation.
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