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Drug trafficking / saleVerified against official source

Verified against official source

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

Statutory range

Art. 33 caput — trafficking (incl. sell, offer, supply, even gratuitously)

Imprisonment: Reclusão 5–15 years
Fine: 500–1,500 dias-multa

§ 1º (raw material / chemical inputs; sowing / cultivating / harvesting; using premises): same range.

Art. 33 § 2º — induce / instigate / assist misuse

Imprisonment: Detenção 1–3 years
Fine: 100–300 dias-multa

Art. 33 § 3º — occasionally offer without profit motive, to consume together

Imprisonment: Detenção 6 months–1 year
Fine: 700–1,500 dias-multa

Without prejudice to art. 28.

Art. 33 § 4º — “tráfico privilegiado”

Imprisonment: Base range REDUCED by 1/6–2/3
Fine: —

First-time offender, good antecedents, not dedicated to crime, not in an organisation. Conversion to rights-restricting penalties prohibited.

Art. 40 — increases

Imprisonment: Arts. 33–37 INCREASED by 1/6–2/3
Fine: —

Transnationality; public function / education / family / guard; near prisons / schools / hospitals / public transport; violence / firearm / intimidation; interstate; child / adolescent / reduced capacity; financing.

Note on this entry

NO quantity filter. Art. 42: the judge gives preponderance to the nature/quantity, personality, and social conduct over CP art. 59. Art. 44: art. 33 caput / § 1º are non-bailable, no sursis / grace / indult / amnesty / provisional liberty; conditional release after 2/3, denied to a specific recidivist.

Source

Statute: Lei nº 11.343/2006, art. 33
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 (except § 4º conditions), intent, plea / cooperation reduction (art. 41: 1/3–2/3 — not folded in), discretion, organised-crime doubling (art. 40-A, Lei 15.358/2026 — seen but outside core list). If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.