Data obtained by Estadão/Political Broadcast show that the federal government’s collection through assets seized in police operations went from R$ 4 million in 2019 to R$ 40 million in 2020 and, now, reached R$ 184 million in the accumulated from January to November 2021. In the month In the past, the amount broke the monthly record of R$65 million.
The sending of goods to auction during the process was an existing practice in courts, but it only gained legal certainty when regulated within the anti-crime package, a set of projects approved by Congress and sanctioned by the Presidency in 2019.
In addition to no longer needing to wait for the final decision (ie, the end of the process), the new legislation also authorizes the sale of seized assets from 50% of its appraised value and exemption from any charges prior to the purchase.
Among the items auctioned this year are vehicles, aircraft, jewelry, works of art and real estate, such as a mansion in Barra da Tijuca, in Rio de Janeiro (RJ), by the bicheiro João Arcanjo Ribeiro, known as Comendador, sold for R$ 4 million. Among the highlights is also a yellow 2010 Ferrari California L91.
Depending on the type of crime, the amount raised in these operations can be transferred to three funds: Anti-Drug, National Penitentiary or Security.
“The funds obtained from the sale of assets arising from crime are invested in the modernization and strengthening of public security”, defends the current Minister of Justice, Anderson Torres.
In case whoever has a good auctioned is later cleared by the courts, the government reimburses the amount collected at the auction in cash, through an operation at Caixa Econômica Federal. According to the Ministry of Justice, to date no refunds have been made.
In the opinion of Bruno Salles, partner at Cavalcanti, Sion e Salles Advogados, the auction before the res judicata has the role of preventing the deterioration of the goods while the process is in progress.
“An investigation can take 5, 10 years. A car that was worth R$ 200 thousand at the beginning may not be worth R$ 50 thousand at the end”, he told the reporter. Within the Ministry of Justice, vehicle auctions are especially celebrated because they prevent the government from having to rent yards to maintain them.
Salles warns, however, that the possibility of early alienation is only positive if well used by the judge. “If the auction is carried out very quickly, it is not possible to discuss the seizure. 99% of the time, the property is apprehended before hearing the defense. So, it is necessary to be prudent not to alienate before the discussion. We see judges alienating works of art, goods that do not lose value.”
The information is from the newspaper The State of São Paulo.
Reference: CNN Brasil
