CRIME OF SMUGGING: (UN)CONSTITUTIONALITY OF THE POSSIBILITY OF LOSS OF OWNERSHIP OF THE VEHICLE USED TO TRANSPORT THE GOODS

Abstract

The e-book "Crime of Smuggling: (Un)constitutionality of the Possibility of Loss of Ownership of the Vehicle Used in the Transport of Goods" is a significant contribution to the study of Brazilian criminal and tax law, offering an in-depth and detailed analysis of the legal, doctrinal and case law aspects surrounding the topic. The work aims to demystify the issues surrounding the crime of smuggling, especially with regard to the controversy surrounding the seizure of vehicles used in the practice of this crime.

The preparation of this e-book was based on the perception of the complexity surrounding the crime of smuggling in the Brazilian legal system. Although the topic is covered by the Penal Code, its practical application still generates heated debates, especially when confronted with constitutional principles, such as proportionality, reasonableness and due process. This work, therefore, seeks to provide readers with a comprehensive and critical view of the topic, contributing to the understanding of the legal and social implications of this type of crime.

The crime of smuggling, often confused with contraband, has particularities that need to be clearly understood in order to correctly apply the law. The distinction between these two types of conduct is essential, since, while smuggling involves the import or export of prohibited goods, smuggling refers to the entry or exit of permitted products, but without the due payment of taxes. This difference, apparently subtle, has profound legal implications, which justifies the emphasis given to the topic in the first chapter of this work.

In Chapter 01, entitled "The Difference between Smuggling and Smuggling in the Brazilian Penal Code", the reader will find an educational and detailed approach to the definitions, constituent elements and legal consequences of both crimes. In addition to presenting the legal basis, the chapter provides practical examples and cases tried by the higher courts, offering a practical and up-to-date perspective on the application of the law. This contextualization is essential so that the reader can clearly identify the situations in which the deviation occurs, avoiding interpretative errors.

Based on the correct conceptualization of smuggling, the e-book moves on to Chapter 02, called "Crime", where the specific aspects of this criminal offense are explored. The chapter delves into the definition of smuggling, detailing the elements of the criminal offense, the conduct that characterizes it and the possible exclusions of illegality. This analysis is complemented by a careful study of court decisions related to the topic, bringing to light the understanding of the Federal Supreme Court (STF) and the Superior Court of Justice (STJ) on the subject.

One of the distinguishing features of this e-book is the way in which theoretical and practical aspects are interconnected. Throughout the second chapter, the reader will find not only a cold analysis of the law, but also critical reflections on the practical application of the law. The court decisions presented are not limited to transcribing judgments, but are contextualized and interpreted in light of the doctrine, allowing a deeper understanding of the legal and social impacts of smuggling.

The central issue of this work, however, lies in Chapter 03, which addresses the "Possibility of Seizing the Vehicle" used to transport the smuggled goods. This chapter addresses the controversial measure of seizing assets, discussing its constitutionality and the limits imposed by Brazilian legislation. The text analyzes how the measure can, in some cases, be considered an excessive sanction, violating fundamental rights and causing disproportionate losses to the offender.

The seizure of the vehicle, although provided for in the legislation, encounters constitutional barriers that need to be duly considered. The e-book explores the application of the principles of proportionality and reasonableness, which are fundamental to preventing abuses by the government. In addition, it discusses the principle of the social function of property and how it can be used as an argument to mitigate or avoid the loss of the seized asset.

The methodology adopted in the construction of this work was based on the critical analysis of doctrines and jurisprudence, as well as the systematic interpretation of legal norms. Each chapter was structured to offer the reader a clear and detailed view, starting from the most basic concepts to the most complex and contemporary discussions. The goal is that, at the end of the reading, the public will have a solid understanding of the subject and be able to apply this knowledge in studies, research or professional practice.

The choice of the theme of this e-book is also justified by the social and scientific relevance of the issue. The crime of smuggling, in addition to impacting the country's tax collection, has direct implications for the economy and public safety. The seizure of vehicles, when applied inappropriately, can generate severe social consequences, affecting not only the offender, but also his family and society as a whole.

In the scientific field, the study of smuggling contributes to the improvement of criminal and tax doctrine, opening up new possibilities for the interpretation and application of the law. By questioning the constitutionality of vehicle seizure, this work encourages academic debate and promotes the evolution of legal thought, which is essential for the construction of a fairer and more balanced justice system.

The target audience for this e-book includes law students, lawyers, judges, prosecutors and all professionals working in the field of criminal and tax law. However, the work was written in an accessible way, allowing others interested in the subject to understand the content and benefit from the information presented.

The language used in the e-book is clear, objective and technical, but without losing the lightness necessary for an enjoyable read. All concepts are explained in detail, avoiding overly elaborate or legal terms, which broadens the scope of the work and makes it easier for the reader to understand.

Upon finishing reading this e-book, the reader is expected to have acquired not only theoretical knowledge about the crime of smuggling, but also a critical and reflective view on the practical application of laws related to the subject. The work aims to be a complete and reliable guide, contributing to the enrichment of the legal debate and offering subsidies for making fairer and more informed decisions.

We believe that this work will contribute to the strengthening of criminal and tax justice in Brazil, promoting a more balanced application of sanctions and safeguarding the fundamental rights guaranteed by the Federal Constitution.

Finally, we would like to thank everyone who dedicated themselves to producing this e-book, from the researchers and authors to the readers who, with their interest, reinforce the importance of in-depth and well-founded legal debates.

Happy reading!

The authors,

Jonas Danilo Schlatz Radtke

Joacir Oliveira

Marcos Paulo Gomes Dias de Oliveira

Michele Ritta Velloso

Deivid Seling Dorneles

Roger Oliveira da Cruz