The Crime Provided for in Article 273 of the Penal Code and Perfumes Not Registered with the National Health Surveillance Agency: Proportionality in punishment? Bruno Zanesco Marinetti Knieling Galhard

Abstract

The work under this paper discusses if the conduct of importing, selling, exposing for sale, having in storage to sell or, in any way, distribute or deliver to consumption perfumes without records in ANVISA (falsified or not) would characterize the crime provided for in Article 273, § 1º-B, item I, of the Penal Code and if the punishment of conduct in the penalties of this article, without the expert evidence of harmfulness to health , would be in accordance with the principle of proportionality, above all, considering the secondary precept of the criminal type and the heinousness of the crime. For this, the bibliographic and documentary research technique was used, using the interpretative, dialogical and argumentative method. It was revealed that, although the jurisprudence of the Superior Court of Justice is inclined by punishment in accordance with the cited article, the Court of Justice of the State of São Paulo has judged that the punishment in relation to the offense that protects public health, in view of the principle of proportionality, is not reasonable.