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New law authored by Representative Serra provides for inspection and punishment of establishments that sell counterfeit products

  • Sep 18
  • 3 min read

Enforcement of the legislation was discussed on Thursday in the capital. The main items inspected are wines, sparkling wines, and cigarettes, according to a bill authored by Elton Weber (PSB). According to the Institute for Economic and Social Development of Borders, the value lost to crime in beverages alone may exceed R$ 2 billion.



Meeting at Piratini between entities and the state government on a new law to combat the smuggling of wines and sparkling wines. Gustavo Mansur / Disclosure
Meeting at Piratini between entities and the state government on a new law to combat the smuggling of wines and sparkling wines. Gustavo Mansur / Disclosure

Wine and tobacco producers and state officials met on Thursday (18) in Porto Alegre to discuss a new law to combat smuggling (the illegal importation of legal products into the country) and product counterfeiting. At the meeting, Chief of Staff Artur Lemos stated that the decree should be formalized within 30 days. From then on, enforcement to curb this type of crime will be expanded in commercial establishments.


According to the Institute for Economic and Social Development of Borders (Idesf), the amount lost to crime involving wine and sparkling wine alone may exceed R$ 2 billion in Brazil.


The goal is to combat smuggling and any products that may be manufactured, as well as to prevent unfair competition. Because it really is unfair competition: an establishment that sells products and has smuggled goods with no origin does not pay taxes. In fact, it competes unfairly with those who work correctly," said state representative Elton Weber (PSB), author of the law, who has his electoral base in Nova Petrópolis.


According to the legislator, who was approached by entities in the sectors to draft the legislation, enforcement should be integrated between the Secretary of Finance and the Secretary of Public Safety, accompanied by the State Attorney General's Office (PGE). The intention is to also include federal agencies, such as the Federal Highway Police (PRF), Federal Police (PF), and Federal Revenue Service.


According to the congressman, it was decided that, before oversight begins, a campaign to publicize the legislation and penalties for commercial establishments will be carried out. Initially, the campaign should take place over the next 30 days.


According to Weber, there are two main penalties under the law. If the point of sale is inspected and fined for the first time for selling products of illicit origin, a fine of around R$5,000 will be imposed. If the establishment is a repeat offender, the fine rises to R$10,000 and the revocation of the business license and CNPJ (Corporate Taxpayer ID) will be requested.


Inspections and seizures are usually carried out on highways when the product is being transported. Now, inspections are being extended to commercial establishments, explained the congressman.


A new meeting is scheduled for next month to approve the draft decree.


R$ 58 million seized on average between 2021 and 2023


One of the entities that participated in the meeting was the Institute for Management, Planning, and Development of Viticulture in the State of Rio Grande do Sul (Consevitis-RS). According to President Luciano Rebellatto, another point addressed at the meeting was the immediate destruction of seized products.


According to data from the Federal Revenue Service, between 2021 and 2023 alone, an average of R$ 57.6 million in illegal wines were seized per year in the country.


The tobacco, wine, and sparkling wine entities suggested assisting in the identification of the items. One idea is that, with the support of laboratories, it can be verified which products are adulterated, counterfeit, or smuggled, and which are legitimate, to avoid the seizure of regular goods.


Another point discussed was the intensification of border controls, which are the main points of entry for the smuggling of products.


Eduardo Piaia, executive director of Consevitis-RS, explains that wine smuggling routes follow paths used for smuggling illicit goods, such as drugs and weapons. Georeferenced maps of seizures in 2025 show a strong concentration in western Santa Catarina and western and southwestern Paraná, particularly in the regions of Cascavel and Pato Branco (PR).


In most cases, transportation occurs in passenger vehicles, which gradually supply distribution centers.


“What we see is a highly organized criminal structure, which even uses stolen vehicles, scouts, and lookouts. Several reports and news stories have already shown the direct link between the illegal wine trade and large criminal organizations, including those linked to drug trafficking. This turns wine into yet another currency of capitalization for criminal groups,” warned Piaia.


Also participating in the meeting were the state attorney general, Eduardo Costa; the secretary of public security, Sandro Caron de Moraes; the Undersecretary of State Revenue, Ricardo Neves Pereira; the president of Fetag, Carlos Joel da Silva; the president of the Interstate Grape Commission, Ricardo Pagno; the president of SindiTabaco, Valmor Thesing; the director of Government Relations at BAT Brasil-RS, Fabiano Machado; and the treasurer of Afubra, Fabrício Murini.


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