Penalty Info

Home / Brazil / Corruption (peculato, concussão, corrupção passiva / ativa, prevaricação, tráfico de influência)

Corruption (peculato, concussão, corrupção passiva / ativa, prevaricação, tráfico de influência)Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Art. 312 caput — peculato (appropriating / diverting, for own or another’s benefit, money / value / movable property, public or private, of which one has possession by reason of office)Possibly — unconfirmed

Imprisonment
Reclusão 2–12 years
Fine
Multa

§2 culposo: detenção 3 months–1 year.

Art. 313 — peculato mediante erro de outrem (appropriating money / value that one received by error in the exercise of office)Possibly — unconfirmed

Imprisonment
Reclusão 1–4 years
Fine
Multa

Art. 315 — emprego irregular de verbas ou rendas públicas (giving a different application from that established by law to public funds / income)Possibly — unconfirmed

Imprisonment
Detenção 1–3 months
Fine
Multa (alternative to detention)

Corroborated by a single secondary source; re-check against Planalto.

Art. 316 — concussão (demanding, for oneself or another, directly or indirectly, even outside function or before taking it, an undue advantage)Possibly — unconfirmed

Imprisonment
Reclusão 2–12 years
Fine
Multa

Range raised by Lei nº 13.964/2019.

Art. 317 — corrupção passiva (soliciting / receiving, for oneself or another, directly or indirectly, even outside function or before taking it, an undue advantage, or accepting the promise of such advantage)Possibly — unconfirmed

Imprisonment
Reclusão 2–12 years
Fine
Multa

Range raised by Lei nº 13.964/2019.

Art. 319 — prevaricação (retarding / failing to practise, unduly, an official act, or practising it against an express legal provision, to satisfy personal interest / feeling)Possibly — unconfirmed

Imprisonment
Detenção 3 months–1 year
Fine
Multa

Art. 328 caput — usurpação de função pública (usurping the exercise of a public function)Possibly — unconfirmed

Imprisonment
Detenção 3 months–2 years
Fine
Multa

§ único (undue advantage): reclusão 2–5 years + multa.

Art. 332 — tráfico de influência (soliciting / demanding / charging / obtaining, for oneself or another, advantage or promise of advantage, on the pretext of influencing an official act of a public official)Possibly — unconfirmed

Imprisonment
Reclusão 2–5 years
Fine
Multa

§ único: +1/2 if the agent alleges the advantage is also intended for the public official.

Art. 333 — corrupção ativa (offering / promising an undue advantage to a public official, to induce them to practise / omit / delay an official act)Possibly — unconfirmed

Imprisonment
Reclusão 2–12 years
Fine
Multa

§ único: +1/3 if, by reason of the advantage / promise, the official delays / omits the act, or practises it in breach of official duty.

Note on this entry

One category covering CP arts. 312–333 (crimes by public officials and by private individuals against public administration). Arts. 313-A / 313-B, 314, 318, 320–327 are not individually tiered here.

Source

Statute
Código Penal, arts. 312–333
Official source
Secondary sources quoting CP text
Verification status
All tiers corroborated only by secondary sources quoting CP text; arts. 313-A / 313-B, 314, 318, 320–327 not tiered; art. 315 needs a Planalto re-check.
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, concurrence with money laundering (Lei nº 9.613/1998, separate entry), administrative-improbity consequences, discretion, plea-type agreements. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.