theft is the act of remove something that rightfully belongs to someone else, against her will, but without the use of violence against the victim. Theft is usually practiced on the sly, so that the thief is not noticed.
O crime of theft is provided for in article 155 of the Brazilian Penal Code. According to the law, the penalty for the individual who committed theft can vary between 1 (one) and 4 (four) years in prison, plus the payment of a fine. The penalty can be increased by up to 1/3 (one third) if the theft was committed during the victim's night rest.
The Penal Code still typifies as robbery the crime of theft involving:
- destruction or breaking of an obstacle to the removal of the thing;
- breach of trust, or through fraud, escalation or dexterity;
- use of false key;
- by contest of two or more people.
In case of aggravated theft, the penalty provided for may vary between 2 (two) to 8 (eight) years of imprisonment, plus the payment of a fine.
Paragraph 2 of article 155 describes the call "privileged theft", which presents the following text:
§ 2 - If the criminal is primary, and the stolen thing is of little value, the judge may substitute the penalty of imprisonment for detention, reduce it from one to two thirds, or apply only the penalty of a fine.
In case of theft, the victim's first attitude should be to look for a police station and register a Police Report (BO), so that investigations are carried out that lead to the location of the stolen movable property.
Difference between theft and robbery
Both represent the illegal action of subtracting someone else's chattel of economic value, against that person's will. The main difference between the two crimes is how each is carried out.
In theft, there is no episode of violence or threat against the victim. In these cases, by the way, the victim does not know that he is being robbed. Robbery, on the other hand, presents an episode of violence and a direct threat to the victim.
Read more about difference between theft and robbery is about misappropriation.