Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 133-A – Use and destination of the seized asset

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Art. 133-A. The judge may authorize, once the public interest has been verified, the use of property seized, seized or subject to any security measure by the public security bodies provided for in  art. 144 of the Federal Constitution,  the prison system, the socio-educational system, the National Public Security Force and the General Institute of Expertise, for the performance of their activities. (Included by Law No. 13,964, of 2019)

§ 1 The public security body participating in the investigation or repression of the criminal offense that gave rise to the restriction of the property will have priority in its use. (Included by Law No. 13,964, of 2019)

§ 2 Apart from the previous hypotheses, once the public interest has been demonstrated, the judge may authorize the use of the asset by other public bodies. (Included by Law No. 13,964, of 2019)

§ 3 If the property referred to in the caput of this article is a vehicle, vessel or aircraft, the judge will order the transit authority or the registration and control body to issue a provisional certificate of registration and licensing in favor of the beneficiary public body, which will be exempt from the payment of fines, charges and taxes prior to the availability of the good for its use, which must be charged to its person in charge. (Included by Law No. 13,964, of 2019)

§ 4 Once the condemnatory criminal sentence has become final and the property is forfeited, with the exception of the right of the injured party or third party in good faith, the judge may determine the definitive transfer of the property to the beneficiary public body to which the property was held in custody.  (Included by Law No. 13,964, of 2019)

Comments: According to paragraph 1, the public security agency participating in the investigation or repression of the criminal offense that gave rise to the restriction of the asset will have priority in its use. This norm has the color and odor of US law. Therefore, care must be taken to receive it. What should be understood by public safety agency? It is certainly not the police station that participated in the action. That being the case, the norm would be creating conditions of partiality for the police investigation, insofar as there could be an interest in obtaining assets for the unit. Public public security body, expression referred to in paragraph 1, must be understood as the police institution that participated in the action, that is, the civil police, the federal, the military police. The command of these institutions will determine where the apprehended property will be directed. For the reasons explained above, allocation to the unit that participated in the action should be avoided.

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