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Confiscation of assets used in drug trafficking is independent of habituality

Wednesday, May 17, 2017

By a majority vote, the Plenary of the Brazilian Federal Supreme Court (STF) decided at this Wednesday session (17) that the confiscation of assets seized as a result of drug trafficking is not conditional on their habitual use for the commission of the crime . The decision occurred in the judgment of Extraordinary Appeal (RE) 638491, by report of the Justice Luiz Fux.

In the RE, the state Prosecution Office questioned a decision of the Paraná Court of Justice (TJ-PR), which ruled out the possibility of confiscation of a vehicle because there was no evidence that it had been prepared to disguise the transportation of 88 kilograms of marijuana (In false bottom) as well as repeatedly used to traffic.

The appeal has generally recognized repercussion, which means that the decision of the STF must be applied by the ordinary courts of the Judiciary to similar cases. The following thesis of general repercussion was approved: “It is possible to confiscate any and all assets of economic value seized as a result of drug trafficking, without the need to seek habituality, reiteration of the use of the assets for such purpose, its modification to make it difficult to discover the place or the packaging of the Drug, or any other requirement, in addition to those expressly predicted in article 243, sole paragraph, of the Federal Constitution”.

Read more: Confisco de bens independe da habitualidade no seu uso para o tráfico, decide Plenário

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