Penalty Info

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Homicide — murder (doloso)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. 121 caput — simple homicide

Imprisonment
Reclusão 6–20 years
Fine
—

Art. 121 § 1º — privileged

Imprisonment
Judge MAY reduce by 1/6–1/3
Fine
—

Relevant social / moral value, or violent emotion after unjust provocation.

Art. 121 § 2º — qualified

Imprisonment
Reclusão 12–30 years
Fine
—

Payment / reward or base motive; futile motive; poison, fire, explosive, asphyxia, torture or other insidious / cruel means, or means that may cause common danger; treachery, ambush, dissimulation or means hindering / impossible defence; to ensure execution / concealment / impunity / advantage of another crime; against authority / agent, prison-system / National Public Security Force, judiciary / MP / Public Defence / Public Advocacy or court officers, in function or because of it, or spouse / partner / relative to 3rd degree; restricted / prohibited firearm; child under 14; on school premises.

Art. 121 § 4º (doloso) — victim under 14 or over 60

Imprisonment
Range INCREASED by 1/3
Fine
—

Art. 121 § 6º — private militia / extermination group

Imprisonment
Range INCREASED by 1/3–1/2
Fine
—
Note on this entry

Feminicídio is now a SEPARATE offence, art. 121-A (Lei 14.994/2024): killing a woman for reasons of female condition — 20–40 years, increases 1/3–1/2 in listed cases. Cross-reference only; the old art. 121 § 2º VI qualifier is REVOKED. Art. 121-B vicaricídio (Lei 15.384/2026): 20–40 years — outside the core taxonomy.

Source

Statute
Código Penal, art. 121 caput + § 2º
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, intent (dolus directus vs eventualis), attempt (range reduced 1–2/3), self-defence / necessity / justifications, discretion, plea-type agreements. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.