Penalty Info

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Fraud (estelionato)Verified against official source

Verified against official source

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

Statutory range

Art. 171 caput (Lei 15.397/2026)

Imprisonment
Reclusão 1–5 years
Fine
Multa

Older text: same 1–5 years + réis-denominated fine, superseded — shown as “multa (amount set per CP general fine rules)”.

Art. 171 § 1º — first-time offender + small loss

Imprisonment
Substitute detenção / reduce 1–2/3 / fine only
Fine
Judge MAY apply art. 155 § 2º

Art. 171 § 2º — same penalties

Imprisonment
Reclusão 1–5 years
Fine
Multa

Disposing of another’s thing as one’s own; fraudulent alienation / encumbrance of own inalienable / encumbered / litigious thing or promised-in-instalments property; defrauding pledge; defrauding substance / quality / quantity; fraud for insurance / indemnity; bad cheque; (VII, Lei 15.397/2026) lending a bank account for criminal funds / proceeds (“conta laranja”).

Art. 171 § 2º-A — electronic fraud

Imprisonment
Reclusão 4–8 years
Fine
Multa

Using information provided by the victim / third party induced to error via social networks, phone, fraudulent email, device duplication, internet app, or analogous means.

Art. 171 § 2º-B — via server outside national territory

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

Art. 171 § 3º — to the detriment of a public-law entity or institute of popular economy / social assistance / charity

Imprisonment
Range INCREASED by 1/3
Fine
—

Art. 171 § 4º — against elderly / vulnerable

Imprisonment
Range INCREASED by 1/3–double
Fine
—
Note on this entry

No statutory monetary bracket; “small value” (§ 1º) is judicial. Art. 171-A (fraud with virtual assets / securities / financial assets, Lei 14.478/2022): 4–8 years + multa — a separate article, not folded into the caput.

Source

Statute
Código Penal, art. 171
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 § 1º), loss amount (no bracket), attempt, discretion, plea-type agreements / reparation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.