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Case involving the businessman known as “Véio da Havan” reignites the discussion about the limits of companies’ use of national symbols and exposes a legal dispute surrounding Law No. 5,700/1971
As published in a video released on Luciano Hang’s social media this Wednesday (6), the businessman nationally known as “Véio da Havan” claimed to be a target of persecution after the Havan chain received a notification from the Federal Public Ministry (MPF) for using the Brazilian flag on shopping bags distributed in stores.
The case gained repercussion because it involves, at the same time, an accusation of possible disrespect for the national flag, the interpretation of Law No. 5,700/1971, and the public reaction of one of the country’s best-known businessmen. According to the complaint sent to the MPF, the bags emblazoned with the Brazilian flag were allegedly being used by consumers to pack and discard trash, which would constitute desecration of the National Flag.
The representation reached the body through a channel that allows anonymous complaints made by citizens. From this, the Federal Public Ministry analyzed whether the use of the flag on commercial bags could violate the rules provided for the protection of national symbols.
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In response, Luciano Hang criticized the MPF’s actions in Mato Grosso do Sul and stated that the company was being politically persecuted. In a tone of indignation, the businessman questioned whether the body had no other priorities.
“Does the Federal Public Ministry of Mato Grosso do Sul have nothing else to do? Are there no criminals, no occupations, no graffiti?” Hang questioned in the video.
Complaint pointed to possible desecration of the National Flag
The complaint against Havan argued that the company could be violating Law No. 5,700/1971, a norm that provides for the form and presentation of national symbols, including the National Flag, the National Anthem, the National Coat of Arms, and the National Seal.
The main point cited in the representation was Article 31 of the legislation, which prohibits manifestations of disrespect for the National Flag. For the complainant, the reproduction of the symbol on shopping bags could approach uses forbidden by law, especially since the material could be discarded along with household waste.
In this sense, the argument presented to the MPF stated that the Brazilian flag should not appear on commercial material that could later be discarded in conditions considered incompatible with the dignity of the national symbol. The complaint also mentioned that the law prohibits the use of the flag on “labels or wrappers of products exposed for sale” and as “clothing” or “decoration”.
On the other hand, Havan’s defense refuted the accusation and stated that the use of the flag on the bags had an “ornamental and identity character.” According to the chain’s legal department, the intention was to value patriotic sentiment, and not to treat the national symbol dishonorably.
Furthermore, the company claimed that Law No. 5,700/1971 itself allows the reproduction of the flag in certain contexts, provided there is no disrespect. The defense cited Article 10 of the legislation to argue that the use of the national symbol, in that case, was linked to the visual identity and patriotism advocated by the brand.
Another point used by Havan was the restrictive interpretation of the law. As it is a norm with a sanctioning nature, the defense argued that it would not be possible to extend the prohibition to situations that do not appear expressly in the legal text. Thus, since the law mentions “labels and wrappers” but does not specifically mention shopping bags, there would be no clear infringement.
MPF agreed with Havan’s defense and dismissed infringement
After analyzing the arguments, the Federal Public Ministry fully agreed with the defense presented by Havan. The body concluded that the company’s conduct did not fall under any hypothesis of crime or administrative infraction.
In the assessment accepted by the MPF, no intention of desecration or dishonorable treatment of the Brazilian flag was characterized. Therefore, the use of the symbol on the chain’s bags was not considered illegal under the terms of the analyzed legislation.
Havan’s defense also cited judicial precedents to reinforce its position. Among them, it mentioned a decision by the Federal Regional Court of the 5th Region, which considered the recording of the National Anthem in forró rhythm lawful. The understanding used in the case was that the absence of disrespect discharacterizes unlawfulness.
Despite the favorable outcome for the company, Luciano Hang maintained his criticism and reiterated that he was being targeted for persecution. For the businessman, the complaint and the case’s progression demonstrated an attempt to use public institutions against people who think differently.
“There are people who use the public machine to harm people who don’t think like them,” he declared.
Hang also reported another episode involving Havan in Maranhão. According to him, the chain was also allegedly forced to respond to the Public Ministry for alleged visual pollution related to the use of the Statue of Liberty, a striking symbol of the brand’s stores.
What Law No. 5,700/1971 says about the flag of Brazil
The discussion surrounding Havan’s bags directly involves Article 31 of Law No. 5,700/1971, which defines acts considered disrespectful to the National Flag. The legal text establishes that some forms of use or alteration of the symbol are prohibited.
According to the law, the following are considered acts of disrespect to the National Flag:
I – Presenting it in poor condition;
II – Changing its shape, colors, proportions, emblem, or adding other inscriptions;
III – Using it as clothing, attire, napkin or tablecloth, covering stands, podiums, or meeting tables, as well as illustrating political-electoral propaganda signs, banners, or posters;
IV – Manifesting disrespect to the National Flag in any form.
Although the topic elicits strong public reaction, the desecration of the flag, in this context, is not treated as a criminal misdemeanor. The infraction is punishable by a fine of 1 to 4 times the established “highest value,” an amount that may vary depending on the locality.
In Sorocaba, in the interior of São Paulo, for example, the fine for desecrating the National Flag can reach R$ 7 thousand. Furthermore, a proposal is being processed in the National Congress to criminalize the act of modifying the colors and patterns of the national flag.
Havan’s case, therefore, exposes a delicate frontier between patriotism, commercial use of national symbols, and legal interpretation. While the complaint saw a possible disrespect to the Brazilian flag in the bags, the company maintained that the print had an identity and ornamental purpose.
In the end, the MPF dismissed the existence of a crime or administrative infraction. Even so, Luciano Hang’s reaction turned the episode into another chapter in the tension between the businessman, known for his striking public presence, and regulatory bodies.
The businessman began to show his face in Havan’s campaigns after 30 years in business, consolidating his image as a central figure in the retailer’s communication. Now, by associating the notification with alleged political persecution, Hang amplifies the repercussions of a case that could have remained restricted to the legal sphere.
Source: Gazeta do Povo
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