Senate changes text and project on loss of property used as captivity returns to the Chamber

The Senate approved this Tuesday (5) a project that determines the loss, in favor of the Union, of property used as captivity in kidnappings, when the owner is involved in the crime (PL 2,105/2019). As it was modified by the senators, the text returns for further analysis by the Chamber of Deputies.

The project is authored by deputy Carlos Sampaio (PSDB-SP) and was reported by Senator Veneziano Vital do Rêgo (MDB-PB). The proposal adds to the Penal Code (Decree-Law 2,848 of 1940) the forecast of loss, in favor of the Union, of the property used as captivity in the crimes of kidnapping and false imprisonment, or even extortion through kidnapping, when the owner has participated of the crime, informed the Senate Agency.

The exception will be for property that is considered a family asset. A family property is an urban or rural residential building intended for a family home, and may include securities, the income of which is used to conserve the property and support the family. For Veneziano, the measure advances in the sense of seeking to cease the financial arms of this type of crime.

The project, approved by the Constitution and Justice Commission (CCJ) on August 9, now considers the forecast of the seizure of immovable property used as captivity. Asset seizure is a security measure used in civil proceedings. It provides for the seizure of assets belonging to the defendant’s or defendant’s assets, to ensure compensation for damages caused by him when committing the infraction.

Currently, according to article 166 of the Code of Criminal Procedure (CPP – Decree-Law 3689, of 1941), for the seizure of assets to be decreed, there must be clear evidence of their illicit origin. But the rapporteur added an amendment modifying the CPP, by providing that the seizure of assets can occur even if the property has a lawful origin, if it has been used as captivity.