As concerns the above inquiry, it should be made clear that stealing water from neighboring properties or from the network itself is considered a theft crime, pursuant to the Brazilian Penal Code, which sets forth in Article 155:
- Imprisonment: one (1) to four (4) years, in addition to a fine.
While on the subject, depending on the circumstances of the theft, the penalty can be increased, pursuant to the following definition:
- Aggravated Theft: If the theft includes abuse of trust, through fraud, climbing or cunning, using a false key, through co-perpetration of two or more people, or by destroying or breaking an obstacle for the deprivation of the thing, the penalty is two (2) to eight (8) years of imprisonment, and a fine.
It should be noted that, in addition to the criminal penalty, the person who commits the theft may be held civilly liable, being ordered to compensate the owner for the stolen water.
In specific situations, if water theft involves manipulation of water meters or distribution networks, it may also encompass other administrative offenses, and result in fines and other penalties imposed by the Public Water Supply and Wastewater Public Utility responsible for managing the concession.
In this case, if there is evidence that the consumer has impaired the recording of consumption in your property in any way (e.g., using the so-called Bypass), the responsible Public Utility may impose administrative penalties and charge the difference in consumption ascertained in the period, prerogatives that are supported by the Service Regulations approved by the Granting Authorities and Federal Law 11445/2007.
In summary, the penalty may vary according to the severity of the act and the circumstances involved. In any situation, it is recommended that the victim file a police report at the police station so that the case is investigated, and the appropriate legal measures are taken.
- FOR THOSE WHO SUSPECT THAT THEY ARE BEING ROBBED, WHAT ARE THE INDICATIONS THAT THIS OFFENSE MAY BE HAPPENING?
Despite being one of the most delicate situations, there are several indications that can point to such perpetration. Here are some signs:
- Unexplained Increase in Water Bill: A sudden and significant increase in the water bill price, without a corresponding increase in consumption, may be a strong indication that water is being stolen;
- Water Meter Reading at Unusual Times: If the water meter reading shows water consumption at times when there is no one using water in the household, this may indicate that the water is being diverted;
- Noises or Leaks: Noises from running water or visible leaks in areas where there is no apparent plumbing or where there should be no consumption may be signs of water manipulation or diversion;
- Water Meter Changes: Check the water meter regularly for signs of manipulation, such as broken seals, makeshift connections or any other physical change;
- Change in Water Pressure: If the water pressure suddenly decreases, especially at times of low consumption, it may be an indication that there is a water diversion in progress;
- Suspicious Pipes or Hoses: The presence of pipes, hoses or other makeshift connections near your water network that do not appear to be part of the original installation.
If you suspect that you are being a victim of water theft, here are some steps you can take to resolve the situation:
- Follow up Consumption: Regularly take note your water meter readings to track water consumption. Such a routine can help spot unusual patterns;
- Visual Inspection: Perform a visual inspection in the areas near the water meter and plumbing to check for possible illegal connections;
- Hire a Professional: Hire a plumber or a specialized technician to carry out a thorough inspection of the plumbing system and sport possible diversions;
- Report to the Water Public Utility: Inform the local water public utility of your suspicions, and they can look into the case and take the necessary measures, such as checking the water meter and plumbing.
- File a Police Report: If you find evidence of theft, file a police report at the police station so that the case is investigated criminally.
Source: Rádio Band News FM do DF
Autor: Edyen Valente Calepis • email: edyen@ernestoborges.com.br • Tel.: +55 67 3389 0123
