Author: Rosildo Barcellos - Writer

Source: The Debate - Belo Horizonte / MG - IDEAS IN DEBATE - 20/07/2010

Just a short walk on the sidewalks and we come across objects and products without the proper guarantee and origin. It is noted that, in general, price is a powerful determinant of purchase, which means prioritizing it at the expense of quality, quantity and conditions of production and marketing. In this context, opportunism appears disguised as easy access to certain goods. It is the smuggled, counterfeit products and fruit of the embezzlement, which present an attractive price as a justification.

Piracy, in general, represents a loss to consumers, traders, entrepreneurs as well as self-employed and self-employed professionals. There are several interfaces that could be cited: tax damage, copyright infringement, lack of quality causing consumption accidents (especially in children - in the case of toys). And we are the biggest victims of these practices, who suffer from violence and the lack of investments in health and education, which makes the population go into despair and even go so far as to demand assistance at the health centers for tapas.

Another part of this trade feeds a portion of organized crime that connects its activities. In Brazil's land borders, especially with Paraguay, Uruguay, Argentina and Bolivia, there is a great deal of practice in arms smuggling, associated with the transportation of illegal goods, such as counterfeit products such as CDs and DVDs. Another serious problem occurs in the Amazon, where most of the wild animals sold illegally are taken.

Another very large market in this area is that involving computing. It is the participation of computers in the so-called gray market - unbranded equipment, with parts of unproven origin. The share of gray PCs in total sales of microcomputers is around 35%, with values ​​close to that also for desktop computers (desktops) and notebooks. That's because I don't say the destination of the discarded e-waste. To give you an idea only in Brazil, 98,6 thousand metric tons of PC (electronic waste) are discarded per year.

I believe that this practice has been increasingly considered and tolerated by people motivated many times by the gaps and intricacies of the legislation itself. To exemplify, imagine that certain material is seized by the PRF and there is an assessment by the Federal Revenue Service. if it is recorded in the Federal Active Debt for amounts not exceeding R $ 1 thousand, and it does not judge the tax execution of an amount equal to or less than R $ 10 thousand, according to articles I and II of Ordinance 49/04, the Ministry of Finance, that is, the fine is not collected from public coffers and cannot be transformed into medicine or bandages.

In addition, to better understand this issue, realize that contraband is trade contrary to the law, including both the trade in the introduction of goods into the country (import) and the remittance of goods abroad (export). embezzlement is the diversion of goods with the intention of defrauding the tax authorities. The distinction between contraband and embezzlement is clearly observed, since this is done with the intention of circumventing the tax authorities, denying the payment of taxes due, exporting legal goods, that is, permitted by law, while in that, the goods transported are illegal.

I would like to point out that those who sell, exhibit for sale, keep in deposit or, in any case, use for their own or someone else's benefit, in the exercise of commercial or industrial activity, goods of foreign origin that they have smuggled into the country or imported fraudulently or whoever acquires, receives or hides, for their own or someone else's benefit, in the exercise of commercial or industrial activity, goods of foreign origin, unaccompanied by legal documentation, or accompanied by documents that they know to be false. Without forgetting that it is equivalent to commercial activities, any form of irregular or clandestine trade in foreign goods, including that carried out in residences. But it is evident that the problem of piracy is not only in Brazil, nor is it only in our country. For this reason it must be difficult to minimize their actions because in China we can find movies in blu-ray for 6 dollars. The blu-ray recorders already cost 500 reais in Brazil. And the movies can be downloaded over the internet and can be recorded on a DVD9 that costs 5 reais. I believe that even blu-ray will become popular, piracy will be widespread and this is just one example.

* Rosildo Barcellos - Writer