Crime infiltrates legal business and complicates investigations

The largest criminal organization in Brazil, the PCC is no longer a problem restricted to security authorities. It has also become a factor that hinders and distorts businesses in various sectors across the States.

Companies report difficulties in competing with businesses that receive “investments” from the criminal faction with the aim of laundering money and, in some cases, generating extra revenue for crime.

Other companies have changed routines due to the threat to the security of their operations in areas under crime control.

Recently, warnings about the penetration of organized crime into the formal economy were made by prosecutors, governor Tarcísio de Freitas (Republicans), the Minister of Justice, Ricardo Lewandowski, and even the president of the Central Bank, Roberto Campos Neto. Information also emerged about companies linked to crime being hired by public bodies.

Over the course of two weeks, the Market brought together reports from companies, lawyers, members of the Public Ministry, the Federal Police, deputies who had a career in the police and academics on the effects of organized crime on business.

Former owner of gas stations in São Paulo, a businessman who says he remains anonymous for security reasons says that what he paid to the distributor was often the price that stations close to his charged at the pump. According to him, many competitors with very low prices are “drug money laundries”. When I wanted to leave the business, one of those interested in buying the business was from outside the sector. He ended up selling it to another suitor.

The list of legal businesses that have become of interest to crime for money laundering includes hotels, motels, restaurants, butchers, beauty clinics, car dealerships, bakeries and even fintechs.

At the beginning of April, a Federal Police operation raided two companies in São Paulo that produce artists and funk parties, also identified as laundering channels.

“Organized crime moves a lot of drug money, which is its main revenue. It's money that needs to be laundered. Often, criminals start a company with money that needs to be laundered and suddenly the business emerges. We are not talking about small businesses, but about establishments that sell good products, where there will be a turnover of legal money mixed with illegal money and this makes investigations difficult”, says the regional delegate for the Judiciary Police of the Federal Police in São Paulo, Cristiano de Pádua . Other times, the crime is associated – through co-option – with already established companies, says the delegate. In this case, the business owner is able to increase his profitability, keeping part of the money laundered by crime.

Sometimes, crime enters a legal business through coercion. The owner of a bakery that was very busy in the capital of São Paulo received an offer to buy that he couldn't refuse, associated with an order for him to immediately accept the deal. Organized crime also takes advantage of one of the businesses that generates the most money: the cigarette industry.

“This is a subject that has become the subject of periodic discussions within the company’s management”, says the member of a cigarette manufacturer. Criminals linked to the PCC, Comando Vermelho, Os Manos (from Rio Grande do Sul) and other factions are seen by the industry as engines behind illegal cigarette operations. Another relevant player in the clandestine market, at least in Rio, are Jogo do Bicho operators.

Part of the Paraguayan brand cigarettes sold illegally in Brazil enters the country as contraband and is attractive due to its low price. They are legal brands in Paraguay, but not here.

Another part of illegal cigarettes has been produced domestically in Brazil. These are improvised factories that counterfeit cigarettes from Paraguayan brands, to reduce costs and risks in international logistics.

Last year, Brazilians smoked 108,7 billion cigarettes. Of this total, 36%, or 39 billion units, were illegal cigarettes, according to a study by Ipec, a market research company. The market share in the hands of criminals was around R$10 billion.

The contamination of private companies by the PCC gained prominence this month in São Paulo due to two cases. One of them, an operation that dismantled a scheme that involved directors of two bus companies in the capital of São Paulo with PCC criminals. Companies legally move millions of reais every year, with their own revenue and with transfers from the city hall. Public prosecutors pointed out that part of this money benefited the PCC.

Another operation attacked a fraud scheme in tenders in city halls and city councils in cities in the interior of São Paulo and which also benefited companies providing cleaning and inspection services that had members of the PCC behind them, according to prosecutors.

A lawyer who knows companies that provide cleaning services reports that the presence of the criminal scheme in cities in São Paulo is causing some entrepreneurs in the sector to simply stop seeking contracts in municipalities where crime is a direct competitor.

For legal companies, the environment of insecurity and competition with crime is fatal, says Edson Vismona, executive president of the Brazilian Institute of Ethics in Competition (ETCO) and the National Forum Against Piracy.

According to the National Confederation of Industry, losses in 14 sectors due to illicit activities went from R$100 billion in 2014 to R$410 billion in 2022.

The MP has already pointed out connections between PCC members and Social Health Organizations (OSS), which provide services for public health facilities.

Lincoln Gakiya and Fábio Bechara, São Paulo prosecutors, say that betting on entry into formal companies is often accompanied by schemes to circumvent control bodies, always with the aim of hiding the real beneficiaries.

The Brazil We Want

Our work in this area is intense and involves several projects. In partnership with the National Forum Against Piracy and Illegality (FNCP), we coordinate the Movement in Defense of the Legal Market, which brings together 70 entities from business sectors and the government in the fight against smuggling, counterfeiting and adulteration of products, and in the defense of companies' intellectual property.

We believe that legal market defense is an essential condition for the development of Brazil.

Projects and Initiatives

Electronic invoice

We contributed to the design, implementation and improvement of the Electronic Invoice project, which began to take effect in 2006. The System improved inspection, reduced tax evasion and reduced costs for tax authorities and companies.

Inspection Support Systems

We help to develop mechanisms to control the manufacture of products with high tax evasion power, such as the Beverage Production Control System (Sicobe) and the Cigarette Production Control and Tracking System (Scorpios).

Member of CNCP - National Council for Combating Piracy and Intellectual Property Offenses

The National Council for Combating Piracy and Offenses against Intellectual Property (CNCP), a collegiate and advisory body of the Ministry of Justice, aims to develop guidelines for the formulation and proposition of a national plan to combat piracy, its tax evasion. arising and offenses against intellectual property.

Underground Economy Index

ETCO believes that knowing the size of the problem is critical to tackling it. Much is said, but little is known about informality, piracy and evasion, as, as illegal activities, they are difficult to measure. In a pioneering initiative, ETCO, together with the Brazilian Institute of Economics of the Getúlio Vargas Foundation (IBRE-FGV), annually publishes the Underground Economy Index, a study that estimates the values ​​of activities deliberately not declared to public authorities with the purpose of evading taxes.

To learn more about the Shadow Economy Index, click here

Simplification of the Tax System

Convinced that the complexity of the Brazilian tax system is one of the factors that encourage tax evasion, ETCO has contributed with concrete suggestions for greater efficiency in the payment, inspection and tax collection system. Among these proposals are the federal, state and municipal cadastral unification; the principle of full anteriority, with main ancillary obligations defined until June 30 of the previous year, subject to regulatory taxes; and the simplification of procedures for registration and registration of companies.

Special taxation regimes

One of ETCO's suggestions culminated in the promulgation of Article 146-A, resulting from Constitutional Amendment No. 42/2003. The article foresees that States, the Federal District and municipalities, in addition to the Union, institute differentiated taxation systems in order to prevent competitive imbalances caused by the actions of individuals who use the reduction of their tax costs to gain spurious competitive advantages. ETCO acts with a view to the enactment of a complementary law, essential for the application of the article.

Union of forces for the legal market

We created, in partnership with the National Forum to Combat Piracy (FNCP), the Movement in Defense of the Brazilian Legal Market, which joins forces to act in a coordinated manner in the fight against smuggling, piracy, fraud and counterfeiting of products and defends border control actions. The Movement has the support of 70 entities. Within the scope of cities, also in partnership with the FNCP, we created the Legality Movement, which unites forces between civil society, city halls, the Federal Revenue Service, the Federal Police, parliament, state agencies and the National Front of Mayors to fight, effectively and forcefully the illegal market in Brazilian cities.

Studies, seminars and publications

We sponsor dozens of research, events and books on topics related to ethics, including the Culture of Transgressions in Brazil series, which brings together contributions from great Brazilian thinkers, including the sociologist and former President of the Republic Fernando Henrique Cardoso.

International operations

We are members of committees that fight transnational illicit practices that provoke unfair competition. In 2016, we joined the Latin American Anti-Smuggling Alliance (ALAC), which brings together civil society entities and government agencies from 15 Latin American nations in the search for joint actions to stop smuggling in the region; in 2017, we started to act in this direction also with the World Trade Organization (WTO).

Recognition of ethical companies

We are part of the management committee of Pró-Ética, a recognition program for companies committed to ethics in their relations with the public sector. Pró-Ética was created in 2010 by the Ministry of Transparency, Inspection and Controllership-General of the Union (CGU) in partnership with the Ethos Institute.

Ethics for young people

To strengthen the ethical principles in the training of Brazilian students, we created the Ethics for Young People project. The initiative developed and made available to high school teachers, at the address www.eticaparajovens.com.br, a series of pedagogical activities to deal with the theme with its students in a pleasant and engaging way, stimulating critical thinking.