Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 132º CPP – Seizure of movable property.

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Art. 132. Seizure of movable property will be carried out if, once the  conditions provided for in article 126 have been verified, the measure regulated in Chapter Xl of Title Vll of this Book is not applicable.

Concepts and exemplifying

Proceeds of crime and things acquired with the proceeds of crime:  Proceeds are income, income, benefits, results. Product is profit, fruit, revenue, benefit. After all, they are synonyms. Proceeds or direct proceeds of the crime is what is obtained immediately with the criminal activity: the stolen bicycle, the values ​​​​obtained in the larceny, etc. These assets may be the object of exchange, purchase, sale, transaction, management, onerous donation, lease and other types of acts and contracts, giving rise to other assets or rights. Those first assets (the proceeds of the crime) must be searched  and seized . These here (“those acquired with the proceeds of the infraction” – see  article 125 ) can only be the object of  seizure . 

Earnings and acquired with earnings. For example:  A search and seizure may be carried out on a stolen watch ( article 240, letter “b” ) ordered by the chief of police. Once the watch is sold and a cell phone is purchased, the cell phone can be kidnapped, but only with a court order. It’s just that, while the watch is the product of crime, the cell phone is acquired with the proceeds of crime. 

Differences between search and seizure and kidnapping

Two differences between search and seizure and kidnapping:  The first difference between search and seizure and kidnapping is that, while search and seizure lends itself to apprehending the direct proceeds of the crime, its proceeds, its direct result, kidnapping serves to constrict of what the proceeds of the crime turned into, regardless of how this happened. The second difference resides in the circumstance that the search and seizure can be carried out by the police authority ( article 6, item II  and  article 240, paragraph 1, letter “b ”), while the kidnapping can only be carried out with a court order ( article 127 ) . 

Movable property and explaining this article 132

Movable property:  The seizure of immovable property is provided for in article 125, and that of movable property, in this device. The seizure of movable property follows the same rite as that of real estate, with the only difference being that registration with the Real Estate Registry is not carried out. The description of what movable property is is given by  articles 82, 83 and 84 of the CC .

Understanding this article 132:  This device is sometimes not well understood. But he is easy to understand. It says that, if there are vehement indications of the illicit origin of the goods ( article 126 ), it is up to the seizure of movable property, when it is not the case of search and seizure ( article 240, paragraph 1, letter “b ”). That is, the seizure of movable property is appropriate when it is not a direct proceeds from the crime (when it is a direct proceeds of crime, the correct measure is search and seizure). The kidnapping is appropriate in terms of “goods acquired with the proceeds of the infraction” ( article 125 ).

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