The São Paulo government has announced a new phase of the mobile shop to combat program. From this Tuesday (2), About 700 people who have criminal restriction cell phones will be notified by messages on the device. Specialists heard by Brazil agency They were exhaustive: not delivering the devices to the police implies criminal responsibility and can lead to prison.
The location of the appliances occurs after the crossing of occurrence reports with the support of the telephone operators. The goal is to identify receivers, fulfill warrants and dismantle criminal dealer networks. During the testing phase, about 3,500 cell phones have been recovered since June this year. Just over half of the devices (52%) was returned to the victims in the period, according to the Public Security Bureau (SSP).
The program, named SP Mobile, has two stages in the phase started today. The first is the referral of 700 subpoenas for mobile phones with criminal complaints that were reactivated. Notified citizens will have three business days to attend the address indicated in the subpoena to make the return voluntarily.
The person who does not meet the subpoena on time will become the target of the second phase of the operation, which will be conducted by the Civil Police. According to the Secretariat, in these cases, the person with the possession of the mobile phone will be taken to the police station and may respond criminally for receipt, according to the circumstances determined in each situation. The SSP initially considers that most people who reactivated these stolen devices did not know their origin.
“Buying a stolen cell phone is a crime of reception, so the person can eventually be caught in the act, if they have or carrying the crime product, it remains to be seen if it is a guilty reception, that the person was reckless or negligent about the care that should be taken before buying something used, or if, by the disproportion between the price and the origin of those who sold, it can be understood that” Brazil agency The lawyer Alberto Toron, chairman of the Public Security Commission of the Brazilian Bar Association Section São Paulo (OAB SP).
Consumer rights
Acquiring a device under these conditions is a situation that does not necessarily take someone to status of criminal, provided that the person has no evidence of knowing the illegal origin of the product. The blockade of these cell phones, including, is possible since 2009, as an administrative measure, and carried out by the National Telecommunications Agency (Anatel), which has no attribution to punish civil or penalty.
For the chairman of the Consumer Law Commission of the Brazilian Lawyers Institute (IAB), Vitor Greijal Sardas, the responsibility occurs from the Consumer Protection Code, which understands that it is up to the person to avoid participating in a purchase of fruit of criminal activity. The Code acts with the presumption of good faith, that is, that people are not intended to acquire a good in illegal conditions.
“This initiative, however, is criminal. If the person does not know that it is something wrong, there is no crime here, but from the moment one becomes aware of the device, because there is deceit,” said freaks. It is then up to the consumer to take the product to the police station, when he receives a document that proves the delivery of the device. With this document, he can look for the seller and try to get the money back or get another, legal, legal device. Sardians reinforce the importance of consumer buying from stores that issue tax documents and purchase notes and keep these vouchers.
