The Brazilian government implemented Law No. 15,358, known as the Anti-Faction Law, after it was approved by President Luiz Inacio Lula da Silva on March 24 and officially promulgated the next day.
Although this regulation focuses on strengthening the fight against organized crime, one of the most relevant aspects for the financial and technology sectors is: Explicitly include digital assets in the embargo and confiscated.
Article 9 of the law allows for preventive measures such as seizure, arrest, blockade, or disabling of “movable and immovable property, rights and securities, including digital or virtual assets.”
This means that law enforcement authorities can order immediate blocking of cryptocurrencies, tokens, and other virtual assets if they are suspected of being associated with criminal organizations.
Additionally, the same clause prohibits “operating in a crypto asset exchange company” without explicit judicial permission. In this way, the law also applies to the following areas: Cryptocurrency is the same tool traditionally applied to bank accountsreal estate or vehicles.
Once the illicit origin of these assets is proven, the law allows for their final confiscation. Confiscated assets, including digital assets, will go directly to the National Public Security Fund.
The regulation allows for temporary use by security forces to acquire police equipment, train personnel, fund special operations, and improve intelligence operations, always with prior judicial approval.
The measures are part of a strategy of “economic suffocation” against criminal factions. Leaders of these organizations are considered serious crimes and can be sentenced to 20 to 40 years in prison, and must serve their sentences in maximum-security federal prisons with little chance of prison benefits.
law No specific mention of Bitcoin or other cryptocurrencies Although the names are different, the term “digital or virtual assets” is broad enough to encompass them.
Experts believe this is an important step in the regulation of crypto assets in Brazil, bringing the treatment of crypto assets in line with the treatment of other potentially illegal products.
Other countries have different views on what to do with virtual currency seized for crimes. For example, as reported by CriptoNoticias, in the United States countries accumulate them for the long term, while countries such as Germany and China decide to sell them as soon as possible.
(Tag to translate)Brazil
