Impactos da pirataria, falsificação e contrabando - Comissão Externa - 14/04/2026

Fourth Extraordinary Meeting of the External Commission

Opening Remarks

• The meeting is officially opened, focusing on piracy acts and the agenda for "Brazil Legal."

• Reading of the minutes from the previous meeting is waived as per Article 5 of Act No. 123 of 2020; approval is confirmed without objections.

Introduction of Participants

• Two panels will be organized due to a large number of participants; key speakers include Fabrício Panzini (American Chamber of Commerce), Renato Cermen (Executive Director, APS), and Marcelo Silváquia (Government Relations Manager, Mercado Livre).

Keynote Address by Fabrício Panzini

• Fabrício Panzini acknowledges Deputy Júlio's exceptional leadership in addressing piracy issues that significantly impact Brazil's economy.

• He highlights that piracy affects approximately 33% of Brazil's GDP, with medium and large companies constituting 56% of affected members.

Engagement in Intellectual Property Issues

• Discussion on multiple fronts for combating piracy includes participation in CNCP dialogues and interministerial groups focused on intellectual property.

• Emphasis on strong efforts against piracy through specific working groups dedicated to intellectual property.

Research Findings on Piracy Impact

• Over 50 responses collected from major Brazilian companies regarding their experiences with piracy.

• Virtual channels are identified as primary sources where companies face competition from pirated products or services.

Concerns About Regulatory Environment

• Nearly half of surveyed companies report significant issues stemming from virtual environments, while physical environments remain relevant for about a quarter.

• A concerning trend shows one-third of companies believe that conditions have worsened regarding competition with pirated goods over the last five years.

Need for Public Policies

• Regulatory challenges highlighted: 63% perceive low risk of punishment encourages piracy; calls for stronger legislation are made.

• Urgent need for comprehensive public policies to address these issues effectively; legislative examples provided by ANCHAM for future consideration.

Strengthening Institutional Framework

• Recommendations include enhancing resources and political commitment to CNCP as a leading body against piracy.

• Importance placed on consolidating national plans against piracy and improving customs enforcement capabilities.

Conclusion and Future Directions

• Discussion around finalizing regulations related to audiovisual works to combat unauthorized use effectively.

• Recognition given to engaged platforms within e-commerce that support anti-piracy efforts, emphasizing their role in fostering good practices.

Understanding the Dimensions of Piracy in Brazil

Identifying the Problem

• The need to understand the dimensions and profile of piracy in Brazil is crucial for developing effective combat strategies. This includes identifying where and how piracy occurs.

• Preliminary data from a study indicates significant issues with forced labor and child labor related to piracy, particularly in the production of counterfeit goods.

Criminal Networks Involved

• Evidence suggests that large criminal organizations are heavily involved in the market for pirated products, using it as a means of financing their operations. There is recognition of ongoing efforts to combat piracy, but no single solution exists due to its complexity.

• Various actions are being taken, including cooperation with private sectors and formal agreements with entities like payment companies and public ministries to enhance enforcement efforts against piracy.

Enforcement Challenges

• The Brazilian Federal Revenue Service faces challenges in monitoring e-commerce cross-border shipments, which amount to approximately 500,000 packages arriving daily from abroad. Each package contains an average of five items, leading to around 2.5 million items entering Brazil each day.

• With only five major airports handling these shipments, effective oversight becomes nearly impossible without advanced intelligence tools for selection and inspection processes.

Regulatory Efforts

• Between January and February alone, the Federal Revenue requested 15,000 authenticity reports for sports products imported into Brazil; however, this process is cumbersome and not operationally viable given the volume of imports. Each report requires extensive administrative procedures that slow down enforcement efforts significantly.

• Despite these requests indicating some level of action against piracy, they represent only a small fraction (1.5%) of total remittances inspected during that period—highlighting systemic inefficiencies in addressing the issue comprehensively.

Call for Systemic Solutions

• The discussion emphasizes a need for broader systemic solutions rather than isolated actions; while there are results from current efforts, they tend to be sporadic rather than comprehensive across sectors affected by piracy issues in Brazil. A collaborative approach involving both public and private sectors is essential moving forward.

Marketplace Strategies and Challenges

Introduction to Marketplace Dynamics

• The discussion begins with an introduction by Marcelo Chováquia, emphasizing the importance of product offerings in the marketplace.

Role of Technology in Market Regulation

• The integration of artificial intelligence and collaboration with private partners is crucial for identifying and removing counterfeit products from platforms like Mercado Livre.

Scale of Operations and Enforcement

• The challenge has evolved from managing hundreds or thousands of cases to millions, necessitating a proportional increase in regulatory efforts.

• The MACA system actively removes 22 times more counterfeit listings than traditional reporting methods, showcasing the effectiveness of advanced technology.

Response Mechanisms for Complaints

• Immediate action is taken upon receiving complaints about listings; however, sellers are given a chance to respond within three days before further actions are considered.

• Only 30% of sellers respond to inquiries, indicating potential issues with compliance or awareness among sellers.

Continuous Improvement through Data Analysis

• A systematic approach is employed where warnings precede any permanent restrictions on sellers based on their response behavior.

Cooperation and Investment in Latin America

Commitment to Local Markets

• Mercado Livre's rapid sales growth (80 transactions per second) highlights its significant market presence, particularly in Brazil where it generates half its revenue across 18 countries.

Infrastructure Development Initiatives

• Plans are underway to expand distribution centers from 28 to 42 by year-end, enhancing logistical capabilities across Brazil.

Legislative Engagement and Collaboration

• There’s an invitation extended for legislative collaboration aimed at improving intellectual property protections through data-driven strategies involving AI.

Impact on Counterfeit Goods

Results Achieved Over Time

• In one year alone, Mercado Livre seized 45 tons of counterfeit goods, reflecting ongoing efforts against product fraud despite acknowledging that more progress is needed.

Cooperation and Regulation in the Alcohol Market

Cooperation with Regulators

• The Mercado Livre is willing to establish a cooperation agreement with regulators, ensuring equal treatment across the market as long as all parties are equally monitored.

Training and Knowledge Transfer

• BRAB has conducted over 90 training sessions, equipping more than 9,500 agents with essential knowledge about products to combat illegal activities effectively. This training is crucial for understanding the nuances of the market.

• During the methanol crisis, trained personnel were able to respond swiftly due to their familiarity with beverages, highlighting the importance of ongoing education in crisis management.

Consumer Engagement and Awareness

• ABRAB engages consumers through campaigns that educate them on identifying illegal beverages, which have been widely publicized in media outlets. This initiative aims to empower consumers against counterfeit products.

• Collaboration with restaurants and events is vital; merchants must be informed about how to recognize and eliminate illegal alcohol from their establishments.

Legal Challenges in Combating Counterfeiting

Legal Framework Enhancements

• Over 570 criminal proceedings are being monitored by ABRAB, emphasizing the need for stricter laws against beverage counterfeiting that are currently under review in the Senate. These legal improvements aim to hinder organized crime's operations within this sector.

• A significant percentage of defendants (34%) have been acquitted despite evidence against them, indicating systemic issues within judicial processes that allow criminals to evade justice easily. Only a small fraction of cases result in convictions thus far.

Reverse Logistics Initiatives

• BRAB has implemented a reverse logistics program for glass bottles aimed at preventing these materials from falling into counterfeiters' hands; this program has been active for 16 years and involves collaboration with cooperatives for effective recycling practices.

• Ensuring secure reverse logistics is critical; without proper safeguards during bottle returns, there’s a risk they could be reused unlawfully by counterfeiters. Thus, attention must be given to how bottles are handled post-consumption.

Addressing E-commerce Challenges

Equal Treatment Across Sales Channels

• There’s an urgent need for equitable regulation between physical stores and online platforms regarding alcoholic beverage sales; current discrepancies create loopholes exploited by illegal sellers like those on delivery apps such as iFood or Mercado Livre itself.

• The speaker emphasizes that legislation should encompass both smuggled and counterfeit products sold online since distinguishing between them can be challenging for consumers when purchasing through digital channels. This calls for comprehensive regulatory measures to ensure consumer safety and product integrity across all sales avenues.

The Importance of Regulation and Education in Society

Addressing Organized Crime and Data Intelligence

• Emphasizes the necessity for repetitive legislation to address gaps in current laws, particularly concerning organized crime.

• Highlights the need for improved data sharing and intelligence among various entities to combat organized crime effectively.

Educational Initiatives Through Gaming

• Introduces a virtual game named "Amon Níaco," aimed at educating society, especially students, about important societal issues.

• Discusses a training program conducted by the University of São Paulo for 300 cleaning professionals who are refugees, focusing on proper cleaning practices.

Hygiene as a Fundamental Health Measure

• Stresses that cleanliness is akin to a vaccine; it is essential for creating a safe environment for newborns before they receive medical vaccinations.

• Advocates for increased awareness regarding hygiene regulations as protective measures within society.

Collaboration with Supermarket Associations

Reporting Practices and Community Engagement

• Acknowledges the importance of collaboration with supermarket associations to address reported issues effectively.

• Mentions ongoing communication with the Brazilian Supermarket Association to ensure members are informed about best practices and potential risks.

Insights from Retail Sector Leaders

Economic Impact of Piracy

• Shares alarming statistics from the National Forum Against Piracy indicating losses due to fraud amounting to 470 billion reais over ten years.

• Compares this loss to national economic indicators, emphasizing that piracy significantly affects Brazil's economy.

Role of BVtex in Promoting Ethical Fashion

• Describes BVtex's mission since its founding in 1999: promoting ethical, innovative, competitive, and sustainable fashion within Brazil’s retail sector.

Technological Transformation in Retail

• Notes that technological advancements have profoundly transformed retail operations, necessitating adaptation by businesses.

Omnichannel Strategies in Retail Operations

• Discusses challenges associated with omnichannel retailing, including inventory management across different sales platforms.

Survival through Digital Presence

• Concludes that investing in digital strategies is crucial for survival in today’s retail landscape; regulatory compliance online will determine business viability.

Importance of the Remessa Conforme Program

Overview of the Remessa Conforme Program

• The discussion emphasizes the significance of the Remessa Conforme program, established in 2023, as a critical element in retail digitalization.

• Prior to this program, there were numerous reports of fraud within the retail sector that necessitated regulatory intervention.

Collaborative Efforts for Competitive Fairness

• A manifesto has been created to unite various stakeholders advocating for competitive fairness, with notable endorsements from CNI, CNC, and UGT.

• This collaboration is rare in Brazil's polarized environment and highlights a shared commitment between producers and workers towards common goals.

International Perspectives on Retail Regulation

Global Regulatory Trends

• Other countries like Turkey have re-evaluated their cross-border import regulations due to consumer safety concerns, leading them to retract similar programs.

• Countries such as Mexico and members of the European Union are also engaging in discussions about creating equitable market environments.

Implications for Brazil's Market Position

• As Brazil contemplates its regulatory framework, it risks concentrating export efforts within nations that offer more favorable business conditions.

• The combination of high interest rates and economic challenges poses significant threats to private capital and entrepreneurship in Brazil.

The Quest for Competitive Equality

Defining Competitive Equality

• The speaker clarifies that their goal is not protectionism but rather achieving competitive equality or "isonomia" among businesses operating in Brazil.

• The retail environment is becoming increasingly competitive with global players entering the market under similar rules.

Benefits to Consumers

• Increased competition compels companies to innovate and respond swiftly to consumer demands, ultimately benefiting Brazilian consumers through better services and products.

Challenges in Combating Piracy

Shifts from Physical to Digital Markets

• Historically, combating piracy was challenging due to informal sales structures; however, digital markets present new complexities with organized international entities now involved.

Need for Coordinated Actions

• In response to these changes, law enforcement must adapt strategies beyond traditional police operations to effectively address illegal offerings online.

Marketplaces and Organized Crime: A Call for Action

The Disconnect Between Compliance and Reality

• There is a significant gap between the sophisticated structures in the digital market and actual compliance practices, leading to controversies that disrupt balance.

Current Threats from Organized Crime

• Recent police operations have revealed explicit connections between organized crime and the importation of contraband into Brazil via marketplaces, highlighting an urgent need for awareness.

Responsibility of Marketplaces

• Marketplaces like Mercado Livre must engage in discussions about their role in combating organized crime; failure to do so could implicate them in criminal activities.

Consumer Protection and Legal Framework

• Emphasizing the importance of adhering to consumer protection laws (CDC), there is a call for accountability among sellers on digital platforms regarding product legality and safety standards.

Challenges with Cross-Border Sales

• The rise of cross-border sales introduces complications, particularly with Chinese sellers who are difficult to identify, complicating enforcement against illegal products.

Legislative Proposals for Improvement

• Discussion around legislative proposals aimed at increasing penalties for counterfeiting has been ongoing for over two decades, emphasizing the need for stronger legal frameworks against such crimes.

Equal Compliance Across Markets

• All marketplaces should adhere to the same regulations as physical retailers; this equality is crucial in maintaining fair competition and protecting consumers.

Addressing Criminal Connections

• The connection between illegal commerce and organized crime necessitates immediate action from society as a whole, reinforcing the urgency of proposed legislative measures.

Livre Mercado: Public Debate on Organized Crime and Market Freedom

Introduction to the Discussion

• The speaker expresses gratitude to Deputy Juro Lopes for the opportunity to discuss important public and diplomatic issues related to market freedom.

• Emphasizes the need for a public debate that addresses various distinct points regarding policies aimed at combating organized crime.

Policies Against Organized Crime

• The discussion focuses on initiating public policies designed to combat organized crime, smuggling, and harmful products affecting the population.

• A quote from Milton Friedman is introduced, highlighting that while perfection is unattainable, market competition generally protects consumers better than government-imposed mechanisms.

Historical Context of Prohibition

• The speaker references the U.S. alcohol prohibition of 1920 as a radical example of government coercion leading to increased criminal activity.

• Discusses how prohibition led individuals to produce alcohol illegally, resulting in higher crime rates including extortion and smuggling due to state interference with personal freedoms.

Importance of Consumer Choice

• Stresses that individuals are best suited to decide what products meet their needs based on personal circumstances such as income and preferences.

• Concludes by thanking participants for their contributions and reiterating support for freedom in consumer choices.