Aspectos procedimentais e a necessidade de efetividade da ação penal nos crimes contra a propriedade industrial

Abstract

Industrial property encompasses intangible assets relevant to the industry, such as inventions, utility models and brands of products or services. Its protection is vital to stimulate technological development, promote innovation, safeguard the significant economic movement resulting from it and promote the job market through the creation of formal jobs. In the criminal sphere, the protection of industrial property rights plays a crucial role in the face of the significant increase in crimes related to it, currently driven by technological advances and globalization. Crimes against industrial property are often carried out in conjunction with other crimes, such as tax evasion, corruption, smuggling, criminal association and money laundering. In Brazil, Law 9,279/1996 establishes specific provisions to criminally protect industrial property rights, defining criminal conduct and its respective sanctions. Crimes against industrial property may be subject to civil damages, immediate application of the penalty for the criminal transaction, conditional suspension of the process and an agreement not to prosecute. Except for article 191 of the Industrial Property Law, other crimes against industrial property are private criminal actions. The specialty of preliminary measures, such as search and seizure, makes it difficult to hold offenders accountable, with procedural differences between public and private criminal offenses being notable. In the latter, the early production of evidence, preceded by search and seizure, is a procedural condition. Thereby, this work aims to present a general overview of crimes against industrial property, point out procedural aspects that make it difficult to penalize criminal agents and highlight the need for effective criminal action to curb and repress crimes against industrial property. This work is based on the hypothetical-deductive method, through the qualitative technique, with the analysis os legal documents, international conventions e jurisprudence and international and national bibliography on the topic.