Source: Legal Consultant - 15/06/2010

Brazil is among the four countries that most consume pirated products in the world. The title reflects the unsustainable situation of serious companies, which face serious difficulties to survive in an increasingly competitive market, bearing high tax burdens and high labor charges. Subject to unfair competition from counterfeit products, some industrial segments are more penalized. Piracy has stood out in the market for cigarettes, CDs, DVDs, toys, clothing, computer programs and even in the sale of medicines. Due to the World Cup, it is already possible to find in the main streets of popular commerce in Brazil the widest offer of counterfeits.

Piracy is a worldwide phenomenon that grows intensely, as it arouses consumer interest through a relevant attraction: prices below the market, which do not allow competition between counterfeit products and those offered by the legal market. This same phenomenon also precedes commemorative dates, such as Mother's Day. However, what presents itself as offering cheaper products and means of creating informal jobs is, in fact, organized crime activity, which is behind each apparently harmless product, acquired on the streets by the consumer. Some of these products come from smuggling from Paraguay; others are the result of thefts, often carried out with the death of transporters.

The solution to this serious problem involves the most effective inspection by the competent bodies, not only at the points of sale, but also at the Brazilian borders, which are the place where a significant amount of pirated products pass. Unlike countries like Germany and the United States, Brazil does not have a border guard, trained and specialized, to act in the fight against smuggling. And as a result, the whole society is lost, because the result of this illicit practice is disastrous: criminal groups are strengthened, the informal jobs generated are excluded from labor guarantees and around 30 billion reais in taxes are no longer collected from the government, which, in turn, runs out of resources to invest in areas relevant to the entire community.

The fight against this type of crime involves the awareness of consumers, who need to consider the consequences of purchasing fake products. It is necessary for everyone to remember that evading, producing and selling pirated products is not a mere irregular act. It is to commit crimes provided for in the legislation and deny so many Brazilians the chance to exercise citizenship, with guaranteed jobs, health and education.