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Cybercrime / hackingVerified against official source

Verified against official source

This range was checked against the official legal text. Last verified: 2026-10-19.

Statutory range

Art. 154-A caput — invade another’s informatic device

Imprisonment: Reclusão 1–4 years
Fine: Multa

To obtain / adulterate / destroy data / information without express or tacit authorisation, or install vulnerabilities for illicit advantage.

Art. 154-A § 1º — produce / offer / distribute / sell / disseminate a device / programme intended to allow the caput

Imprisonment: Reclusão 1–4 years
Fine: Multa

Art. 154-A § 2º — economic loss

Imprisonment: Range INCREASED by 1/3–2/3
Fine: —

Original: 1/6–1/3.

Art. 154-A § 3º — obtaining private electronic-communication content, commercial / industrial secrets, legally-defined confidential information, or unauthorised remote control

Imprisonment: Reclusão 2–5 years
Fine: Multa

Original: 6 months–2 years.

Art. 154-A § 4º — disclosure / commercialisation / transmission to a third party (in the § 3º hypothesis)

Imprisonment: Range INCREASED by 1–2/3
Fine: —

Art. 154-A § 5º — against senior officials

Imprisonment: Range INCREASED by 1/3–1/2
Fine: —

President, governors, mayors; President of the STF; Presidents of the Chamber / Senate / State Assembly / DF Chamber / Municipal Chamber; or top head of direct / indirect administration (federal / state / municipal / DF).

Note on this entry

Report the CURRENT wording (Lei 14.155/2021): the original 2012 ranges (3 months–1 year detenção) are superseded. Lei 12.737/2012 also amended arts. 266 and 298 — separate provisions, not reported as “hacking” ranges. Art. 154-B: prosecution generally only on victim representation, except against public administration / public-service concessionaires.

Source

Statute: Código Penal, art. 154-A (inserted by Lei nº 12.737/2012; as amended by Lei nº 14.155/2021)
Official source: planalto.gov.br
Verification status
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, proof of access / authorship (technical), whether the conduct is a graver crime (§ 3º: “if not more serious crime”), discretion, plea-type agreements. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.