Hate crimePossibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Injúria racial — Lei nº 7.716/1989, art. 2º-A (injuring someone, offending dignity or decorum, by reason of race, colour, ethnicity or national origin)Possibly — unconfirmed
- Imprisonment
- Reclusão, 2 to 5 years
- Fine
- Multa (amount not quantified in the offence article — statute says 'e multa' only)
Inserted by Lei nº 14.532/2023. Parágrafo único: penalty increased by half if committed by 2 or more persons in concurso.
Racismo — generic — Lei nº 7.716/1989, art. 20, caput (practising, inducing or inciting discrimination or prejudice of race, colour, ethnicity, religion or national origin)Possibly — unconfirmed
- Imprisonment
- Reclusão, 1 to 3 years
- Fine
- Multa (amount not quantified in the offence article — statute says 'e multa' only)
Nazi symbols / propaganda — Lei nº 7.716/1989, art. 20 § 1º (manufacturing, commercialising, distributing or circulating symbols, emblems, ornaments, badges or propaganda using the swastika for the purpose of disseminating Nazism)Possibly — unconfirmed
- Imprisonment
- Reclusão, 2 to 5 years
- Fine
- Multa (amount not quantified in the offence article — statute says 'e multa' only)
Racismo via media / social networks / internet / publication — Lei nº 7.716/1989, art. 20 § 2ºPossibly — unconfirmed
- Imprisonment
- Reclusão, 2 to 5 years
- Fine
- Multa (amount not quantified in the offence article — statute says 'e multa' only)
Wording as amended by Lei nº 14.532/2023 (adds publication on social networks and the world wide web). § 3º: judge may order seizure / cessation / blocking before the police inquiry; § 4º: destruction of seized material is an effect of conviction after final judgment.
Racismo in public sports / religious / artistic / cultural activities — Lei nº 7.716/1989, art. 20 § 2º-APossibly — unconfirmed
- Imprisonment
- Reclusão, 2 to 5 years
- Fine
- No fine stated in this paragraph (3-year venue ban instead)
Inserted by Lei nº 14.532/2023. Additional penalty: proibição de frequência, por 3 (três) anos, a locais destinados a práticas esportivas, artísticas ou culturais destinadas ao público, conforme o caso.
Obstructing / impeding / violence against religious manifestations or practices — Lei nº 7.716/1989, art. 20 § 2º-BPossibly — unconfirmed
- Imprisonment
- Reclusão, 1 to 3 years
- Fine
- Multa (same penalties as art. 20 caput — amount not quantified in the offence article)
Inserted by Lei nº 14.532/2023. 'Sem prejuízo da pena correspondente à violência' — the penalty for any violence applies in addition.
Denying / obstructing access to public-sector post or promotion — Lei nº 7.716/1989, art. 3ºPossibly — unconfirmed
- Imprisonment
- Reclusão, 2 to 5 years
- Fine
- No fine stated in this article
Parágrafo único: same penalty for obstructing functional promotion on discriminatory grounds.
Denying / obstructing private employment — Lei nº 7.716/1989, art. 4º caput + § 1ºPossibly — unconfirmed
- Imprisonment
- Reclusão, 2 to 5 years
- Fine
- No fine stated in this article (caput / § 1º)
§ 1º: same penalty for withholding equal equipment, blocking functional advancement / professional benefit, or differentiated treatment at work, especially pay.
Discriminatory job-ad appearance requirements — Lei nº 7.716/1989, art. 4º § 2ºPossibly — unconfirmed
- Imprisonment
- No imprisonment stated in this paragraph
- Fine
- Multa (amount not quantified in the offence article)
Penalties: multa and prestação de serviços à comunidade, including racial-equality promotion activities, for requiring race/ethnicity-specific appearance aspects in recruitment where the job does not justify them.
Refusing / impeding access to a commercial establishment — Lei nº 7.716/1989, art. 5ºPossibly — unconfirmed
- Imprisonment
- Reclusão, 1 to 3 years
- Fine
- No fine stated in this article
Refusing / denying school enrolment — Lei nº 7.716/1989, art. 6ºPossibly — unconfirmed
- Imprisonment
- Reclusão, 3 to 5 years
- Fine
- No fine stated in this article
Parágrafo único: penalty aggravated by 1/3 if the crime is committed against a person under 18.
Refusing lodging — Lei nº 7.716/1989, art. 7º (hotel, pensão, estalagem or similar)Possibly — unconfirmed
- Imprisonment
- Reclusão, 3 to 5 years
- Fine
- No fine stated in this article
Refusing service in restaurants, bars, confectioneries or similar public places — Lei nº 7.716/1989, art. 8ºPossibly — unconfirmed
- Imprisonment
- Reclusão, 1 to 3 years
- Fine
- No fine stated in this article
Refusing access / service in sports establishments, houses of diversion or social clubs open to the public — Lei nº 7.716/1989, art. 9ºPossibly — unconfirmed
- Imprisonment
- Reclusão, 1 to 3 years
- Fine
- No fine stated in this article
Refusing access / service in hair salons, barbershops, thermal baths, massage houses or similar — Lei nº 7.716/1989, art. 10Possibly — unconfirmed
- Imprisonment
- Reclusão, 1 to 3 years
- Fine
- No fine stated in this article
Impeding access to social entrances in public or residential buildings, elevators or access stairs — Lei nº 7.716/1989, art. 11Possibly — unconfirmed
- Imprisonment
- Reclusão, 1 to 3 years
- Fine
- No fine stated in this article
Impeding access to / use of public transport — Lei nº 7.716/1989, art. 12Possibly — unconfirmed
- Imprisonment
- Reclusão, 1 to 3 years
- Fine
- No fine stated in this article
Impeding / obstructing access to service in any branch of the Armed Forces — Lei nº 7.716/1989, art. 13Possibly — unconfirmed
- Imprisonment
- Reclusão, 2 to 4 years
- Fine
- No fine stated in this article
Impeding / obstructing marriage or family and social coexistence — Lei nº 7.716/1989, art. 14Possibly — unconfirmed
- Imprisonment
- Reclusão, 2 to 4 years
- Fine
- No fine stated in this article
Injúria using religion or the condition of an elderly or disabled person — CP art. 140 § 3º (residual qualified injúria)Possibly — unconfirmed
- Imprisonment
- Reclusão, 1 to 3 years
- Fine
- Multa (amount not quantified in the offence article — statute says 'e multa' only)
NOT read from the Planalto CP compiled page in this session — wording corroborated by secondary sources quoting Lei nº 14.532/2023; re-check against CP compiled text before publishing. Since Lei nº 14.532/2023, this paragraph covers ONLY religion / elderly / disability: race, colour, ethnicity and national origin were moved to Lei nº 7.716/1989 art. 2º-A. Do not double-count race-based injúria here and under art. 2º-A.
ENHANCEMENT (not a standalone offence) — recreational context ('racismo recreativo') — Lei nº 7.716/1989, art. 20-APossibly — unconfirmed
- Imprisonment
- No separate range — base penalty for the Lei nº 7.716/1989 offence increased by 1/3 to 1/2
- Fine
- As per underlying offence
Inserted by Lei nº 14.532/2023. Applies when crimes under Lei nº 7.716/1989 occur in a context or with the intent of descontração, diversão ou recreação. Enhancement only — never present as its own offence with its own range.
ENHANCEMENT (not a standalone offence) — public servant — Lei nº 7.716/1989, art. 20-BPossibly — unconfirmed
- Imprisonment
- No separate range — penalty for arts. 2º-A and 20 offences increased by 1/3 to 1/2
- Fine
- As per underlying offence
Inserted by Lei nº 14.532/2023. Applies when arts. 2º-A and 20 crimes are committed by a funcionário público (CP definition) in the exercise of their functions or under pretext of exercising them. Enhancement only — never present as its own offence with its own range.
ENHANCEMENT (not a standalone offence) — general aggravators — CP art. 61Possibly — unconfirmed
- Imprisonment
- No separate range — moves the sentence within the underlying offence's range at the second dosimetry phase (CP art. 68); art. 61 states no fixed fraction
- Fine
- As per underlying offence
NOT read from the Planalto CP compiled page in this session — wording corroborated by secondary sources quoting the official text; re-check against CP compiled text before publishing. Art. 61 lists circumstances that 'always aggravate the penalty, when they do not constitute or qualify the crime' — including reincidence (I) and committing the crime for a futile or base motive (II,a), the closest general vehicle for a bias motive outside Lei nº 7.716/1989. Non bis in idem: art. 61 does not apply where bias already constitutes or qualifies the offence. Enhancement only — never present as its own offence with its own range.
Last-verified: 2026-10-19. Fines: where an article says only 'e multa', no dias-multa count is stated in the offence article; the fine is quantified under the CP general fine regime (arts. 49-52) — no currency conversion made and no dias-multa count invented. CP art. 140 § 3º and art. 61 were NOT read from the Planalto CP compiled page in this session (that fetch failed); their wording is corroborated by multiple secondary sources quoting the official text (Lei nº 14.532/2023 for art. 140 § 3º; standard reproductions for art. 61) — re-check against the CP compiled text before publishing. STF ADO 26 / MI 4733 (2019): homophobia/transphobia read into Lei nº 7.716/1989 types until Congress legislates; no separate statutory range exists for those motives — the applicable range is the Lei nº 7.716/1989 article whose elements fit the conduct. CF art. 5º XLII: racism is unbailable and imprescriptible, subject to reclusão. Lei nº 7.716/1989 art. 16 effects (loss of public office; suspension of a private establishment up to 3 months) are non-automatic per art. 18 and are not folded into the ranges.