Home / Brazil / Offences against the democratic order (atentado à soberania, abolição violenta, golpe, violência política, sabotagem)
Offences against the democratic order (atentado à soberania, abolição violenta, golpe, violência política, sabotagem)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. 359-J — atentar contra a integridade territorial / a soberania nacional (promoting / participating in acts aimed at separating part of the national territory or at submitting it to foreign domination)Possibly — unconfirmed
- Imprisonment
- Reclusão 2–6 years
- Fine
- —
Plus the penalty for the violence.
Art. 359-K caput — espionagem (delivering / disclosing / facilitating access to a document / information / data classified as secret, in prejudice of national security, to a foreign government / organisation)Possibly — unconfirmed
- Imprisonment
- Reclusão 3–12 years
- Fine
- —
§2 (breach of secrecy duty): 6–15 years. §3 (facilitation via password / access): detenção 1–4 years.
Art. 359-L — abolição violenta do Estado Democrático de Direito (attempting, with the use of violence or grave threat, to abolish the democratic rule of law, preventing / restricting the exercise of constitutional powers)Possibly — unconfirmed
- Imprisonment
- Reclusão 4–8 years
- Fine
- —
Plus the penalty for the violence.
Art. 359-M — golpe de Estado (attempting to depose, by violence or grave threat, the legitimately constituted government)Possibly — unconfirmed
- Imprisonment
- Reclusão 4–12 years
- Fine
- —
Plus the penalty for the violence.
Art. 359-N — interrupção do processo eleitoral (attempting, with the use of violence or grave threat, to prevent / disrupt the holding of elections or the proclamation of their results)Possibly — unconfirmed
- Imprisonment
- Reclusão 3–6 years
- Fine
- Multa
Art. 359-P — violência política (using violence or grave threat, with the purpose of restricting / preventing / hindering the exercise of political rights)Possibly — unconfirmed
- Imprisonment
- Reclusão 3–6 years
- Fine
- Multa
Plus the penalty for the violence.
Art. 359-R — sabotagem (destroying / damaging / rendering unusable, totally or partially, means of communication, transport, energy supply, public services or military / security installations, with the purpose of abolishing the democratic rule of law or deposing the government)Possibly — unconfirmed
- Imprisonment
- Reclusão 2–8 years
- Fine
- —
Note on this entry
One category covering CP arts. 359-I–359-R (inserted by Lei nº 14.197/2021, replacing the revoked National Security Law, Lei nº 7.170/1983). Art. 359-I is not tiered here (range not verified in this pass). Arts. 359-O and 359-Q were vetoed.
Source
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 the underlying violent / property crimes, discretion, plea-type agreements. If you face a real
charge, consult a licensed lawyer in the relevant jurisdiction.