Demanding money at gun point is not any more legal in Brazil than it is in the US.
The facts, as reported in this article, do not indicate to me this is a robbery. On the basis of the facts as reported in the article, this is not only a case I would not file felony charges, however, should I be so delusional at the moment to think a crime occurred and I filed robbery charges, then this is not a case I'd take to a jury. Why? Unlikely, very unlikely a jury would convict for the crime of robbery because when one thinks of "robbery," this incident is not what one thinks of in terms of a robbery. These facts, as conveyed in this article, do not constitute as a robbery. The order of events is important. I rephrase the facts below with quotes from the article.
Damage is done to a sign. The suspects enter a taxi cab attempting to leave the scene. Security officers approach the can in an apparent attempt to keep the suspects from leaving the property in the cab. The swimmers are ordered out of the cab. At this point, no gun has been reported to have been pointed at the swimmers or intentionally displayed by the security guards at the swimmers. A gun is not displayed and/or pulled and/or pointed at or in the direction of the swimmers until two of the swimmers attempts to leave the scene. "
Two men, whom I believe to have been security guards, then instructed us to exit the vehicle. No guns were drawn during this exchange, but we did see a gun tucked into one of the guard's waistband,” Bentz said. “As Jimmy (Feigen) and Jack (Conger) were walking away from the vehicle, the first security guard held up a badge to me and drew his handgun. I yelled to them to come back toward us, and they complied. Then the second guard drew his weapon and both guards pointed their guns at us and yelled at us to sit on a nearby sidewalk.”
To this point, there has been no report the security guards were insisting for money or payment at the time the swimmers were demanded to exit the cab. The display and/or pointing a firearm at or in the direction of the swimmers was done in response to some of the swimmers attempting to leave the scene. There is no evidence at this moment to suggest or indicate the security guards were demanding money at the time they displayed and/or pointed their firearm at or in the direction of the swimmers at the moment two of the swimmers attempted to leave the scene. The security guards' conduct of pulling their weapons was done to keep the men from leaving the scene. The security guards can truthfully testify they pulled their weapons to keep the swimmers from leaving the scene and not to effectuate a robbery or to demand the swimmers give money to them or the store owner/manager/employee. At the moment the guns are used by the security guards it is in conjunction with and response to the some of the swimmers attempting to leave.
"Bystander Deluz described the drawing of the weapons by the two guards as a reaction to the athletes' attempt to leave the scene." The DJ also said, "
Deluz thinks the men understood they were detained because of the damaged sign, as the broken advertisement was shown to them.
It is also unclear as to whether the security guards or the store employee is the one who was demanding payment. The facts suggest the store employee was wanting money. "
Deluz said a station employee had established the cost of the damage at 100 reais, but the swimmers paid about 160 reais, – 100 reais plus a $20 bill...Deluz thinks the men understood they were detained because of the damaged sign, as the broken advertisement was shown to them. An athlete even asked him how much he needed to pay, Deluz says. The disc jockey said he conferred with an employee and responded, "One hundred money." When one swimmer finally opened his wallet, it had plenty of cash in it beyond that amount. Had the armed men been robbers, Deluz reasoned, they would have taken all the money.
Conger, in his statement, acknowledged Deluz tied the payment to the damaged poster.
"Eventually, a man appeared who was able to translate for us, helping to defuse the situation," Conger said. "We paid some money to compensate them for the torn poster, and returned to the Village in a different taxi."
It's not even clear the security guards, holding the guns, were demanding money or had any intention to demand money. It seems the security guards' intention was to keep the subjects from fleeing and the DJ brokered a deal with the store employee of if the swimmers paid, then the store employee would advise the security guards to back off. In other words, the store employee received compensation, and advised the security guards to let the boys go and no longer detain them.
These facts hardly suggest the security guards committed a robbery.