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Criminal penalties in Brazil
Checked in October 2026 against the Código Penal (Decree-Law 2.848/1940), compiled text on the Planalto site, with amendments to 2026.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.
How Brazil sets penalties
- The Código Penal states a range for each offence, 'from' a number 'to' a number of years. There are two kinds of prison. 'Reclusão' is for the more serious offences and may be served in a closed, semi-open or open regime. 'Detenção' is served in the semi-open or open regime unless a transfer to the closed regime is needed (art. 33).
- The judge fixes the sentence inside the range and may reduce or increase it by fractions the code sets for privileged or aggravated forms (for example, a reduction of one sixth to one third for a killing under a violent emotion after unjust provocation).
- However long the total sentence, the time actually served in prison cannot be more than 40 years (art. 75).
- Fines are set in day-fines and are not shown here.
- The text we read is the compiled code on the government's own site, and it already contains changes made in 2025 and 2026. Brazil has amended the penalties in several articles recently, so check the current text.
Death penalty: No, except for crimes in a declared war (Article 5, XLVII of the Federal Constitution). No ordinary crime carries death.
Read the Brazil legal-system profile in the Legal Families Atlas →
First-degree murder
12 to 30 years (qualified homicide); 20 to 40 years (killing a woman for reasons of her sex)
Homicídio qualificado (qualified homicide) (Reclusão (the more serious kind of prison))
- Least
- 12 years
- Most
- 30 years
Feminicídio (killing a woman for reasons of her sex, such as domestic violence or contempt for women) (Reclusão (the more serious kind of prison))
- Least
- 20 years
- Most
- 40 years
Brazil's 'homicídio qualificado' is the closest to first-degree murder: a killing for payment or a vile motive, for a trivial motive, with poison, fire, torture or another cruel or dangerous means, by treachery or ambush, or to secure another crime. Whatever the sentence, no more than 40 years is served (art. 75).
Second-degree murder
6 to 20 years
Homicídio simples (killing another person) (Reclusão (the more serious kind of prison))
- Least
- 6 years
- Most
- 20 years
Where the killer acted from a motive of relevant social or moral value, or under a violent emotion straight after an unjust provocation by the victim, the judge may reduce the penalty by one sixth to one third (art. 121 §1).
Voluntary manslaughter
1 to 3 years (negligent killing) up to 4 to 12 years (injury resulting in death); the 6 to 20 years of simple homicide, reduced, where killing under a violent emotion
Homicídio culposo (negligent killing) (Detenção (the lighter kind of prison))
- Least
- 1 year
- Most
- 3 years
Increased by one third where the death results from not following a technical rule of a profession, or where the offender fails to help the victim or flees.
Lesão corporal seguida de morte (injury resulting in death, where the offender neither intended nor risked the death) (Reclusão (the more serious kind of prison))
- Least
- 4 years
- Most
- 12 years
Homicídio simples with the reduction for violent emotion after unjust provocation (Reclusão (the more serious kind of prison))
- Least
- 6 years, reduced by one sixth to one third
- Most
- 20 years, reduced by one sixth to one third
Brazil has no separate offence of voluntary manslaughter. A killing under a violent emotion after unjust provocation is simple homicide with a reduction of one sixth to one third.
Robbery
6 to 10 years (robbery) up to 24 to 30 years (robbery resulting in death)
Roubo (theft by serious threat or violence) (Reclusão (the more serious kind of prison))
- Least
- 6 years
- Most
- 10 years
Roubo with serious bodily injury resulting from the violence (Reclusão (the more serious kind of prison))
- Least
- 7 years
- Most
- 18 years
Latrocínio (robbery where the violence results in death) (Reclusão (the more serious kind of prison))
- Least
- 24 years
- Most
- 30 years
The robbery article was rewritten in 2026. The penalty is raised by one third to one half in the cases listed in art. 157 §2 (two or more people, a knife or other blade, a firearm theft and others).
Burglary
1 to 3 months (trespass in a home) up to 2 to 8 years (theft by breaking an obstacle or false key)
Violação de domicílio (entering or staying in another's home against the will of the person entitled) (Detenção (the lighter kind of prison))
- Least
- 1 month
- Most
- 3 months
Or a fine. 6 months to 2 years where it happens at night or in a remote place, or with violence or a weapon, or by two or more people.
Furto simples (theft) (Reclusão (the more serious kind of prison))
- Least
- 1 year
- Most
- 6 years
Increased by half if done during night-time rest.
Furto qualificado (theft by destroying an obstacle, abuse of confidence, fraud, climbing, a false key, or by two or more people) (Reclusão (the more serious kind of prison))
- Least
- 2 years
- Most
- 8 years
Brazil has no offence named 'burglary'. Entering another's home against their will is trespass (violação de domicílio), and theft by breaking an obstacle or using a false key is aggravated theft.
Arson
6 months to 2 years (negligent fire) up to 3 to 6 years (arson), raised by a third for a home, and doubled where death results
Incêndio culposo (negligent fire) (Detenção (the lighter kind of prison))
- Least
- 6 months
- Most
- 2 years
Incêndio (causing a fire that endangers life, physical integrity or another's property) (Reclusão (the more serious kind of prison))
- Least
- 3 years
- Most
- 6 years
The penalty is increased by one third where the fire is set for gain, or in an inhabited house, a public building, a vehicle carrying people, a factory, a forest or farmland, and in other listed places.
Incêndio where grievous bodily harm results (Reclusão (the more serious kind of prison))
- Least
- No minimum term set by the statute
- Most
- The penalty of article 250, increased by half
Where death results, the penalty is doubled.
Aggravated assault
3 months to 1 year (bodily injury) up to 4 to 12 years (injury resulting in death)
Lesão corporal (bodily injury) (Detenção (the lighter kind of prison))
- Least
- 3 months
- Most
- 1 year
Lesão corporal de natureza grave (serious injury) (Reclusão (the more serious kind of prison))
- Least
- 1 year
- Most
- 5 years
Lesão corporal with the gravest results (permanent incapacity, incurable illness, loss of limb or sense, permanent deformity) (Reclusão (the more serious kind of prison))
- Least
- 2 years
- Most
- 8 years
Lesão corporal seguida de morte (injury resulting in death) (Reclusão (the more serious kind of prison))
- Least
- 4 years
- Most
- 12 years
Brazil grades injury by its results. 'Lesão corporal de natureza grave' is serious injury (incapacity for more than 30 days, danger to life, permanent weakness of a limb or sense, or hastened birth). The most serious results are permanent incapacity, incurable illness, loss of a limb or sense, permanent deformity or abortion.
Rape and sexual assault
6 to 10 years (rape) up to 12 to 30 years (rape resulting in death)
Estupro (forcing a person, by violence or serious threat, to have intercourse or another sexual act) (Reclusão (the more serious kind of prison))
- Least
- 6 years
- Most
- 10 years
Estupro causing serious bodily injury, or of a victim under 18 and over 14 (Reclusão (the more serious kind of prison))
- Least
- 8 years
- Most
- 12 years
Estupro de vulnerável (sexual intercourse or another sexual act with a person under 14, or one who cannot resist) (Reclusão (the more serious kind of prison))
- Least
- 10 years
- Most
- 18 years
Estupro resulting in death (Reclusão (the more serious kind of prison))
- Least
- 12 years
- Most
- 30 years
Kidnapping
1 to 3 years (unlawful deprivation of liberty) up to 24 to 30 years (kidnapping for ransom, resulting in death)
Sequestro ou cárcere privado (kidnapping or false imprisonment) (Reclusão (the more serious kind of prison))
- Least
- 1 year
- Most
- 3 years
2 to 5 years in the listed cases (victim a relative or over 60 or under 18, held in a hospital, held for more than 15 days, or for sexual purposes).
Extorsão mediante sequestro (kidnapping to obtain a ransom or advantage) (Reclusão (the more serious kind of prison))
- Least
- 8 years
- Most
- 15 years
The same, lasting over 24 hours, or of a victim under 18 or over 60, or by a gang (Reclusão (the more serious kind of prison))
- Least
- 12 years
- Most
- 20 years
The same, where grievous bodily harm results (Reclusão (the more serious kind of prison))
- Least
- 16 years
- Most
- 24 years
The same, where death results (Reclusão (the more serious kind of prison))
- Least
- 24 years
- Most
- 30 years
Embezzlement
1 to 4 years (appropriating property in one's possession), 1 to 5 years (fraud)
Apropriação indébita (appropriating another's movable property that one holds or possesses) (Reclusão (the more serious kind of prison))
- Least
- 1 year
- Most
- 4 years
Estelionato (fraud: obtaining an unlawful advantage by deceit) (Reclusão (the more serious kind of prison))
- Least
- 1 year
- Most
- 5 years
Brazilian law calls it 'apropriação indébita' (taking for oneself what one holds in trust). The penalty is increased by one third where the property was received in necessary deposit, as a guardian, trustee or similar, or by reason of a job or profession.
Forgery
1 to 5 years (private document) up to 2 to 6 years (public document)
Falsificação de documento particular (forgery of a private document) (Reclusão (the more serious kind of prison))
- Least
- 1 year
- Most
- 5 years
Falsificação de documento público (forgery of a public document) (Reclusão (the more serious kind of prison))
- Least
- 2 years
- Most
- 6 years
Increased by a sixth where done by a public official abusing the office.
Drunk driving, first offence
6 months to 3 years' detention, a fine, and suspension or ban on getting a licence
Conduzir veículo com capacidade psicomotora alterada (driving with psychomotor capacity impaired by alcohol) (Detenção (the lighter kind of prison))
- Least
- 6 months
- Most
- 3 years
Together with a fine and suspension or a ban on obtaining a licence.
The offence is in the Traffic Code, not the Penal Code. It is shown where the person's alcohol level is 6 decigrams or more per litre of blood (0.3 mg per litre of breath), or signs of impaired psychomotor capacity.
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