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Organized crimePossibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Organização criminosa — Lei nº 12.850/2013, art. 2º caput (promoting, constituting, financing or integrating, personally or through another person, a criminal organisation)Possibly — unconfirmed
- Imprisonment
- Reclusão, 3 to 8 years
- Fine
- Multa (amount not quantified in the offence article — statute says 'e multa' only)
Penalty is 'sem prejuízo das penas correspondentes às demais infrações penais praticadas' — predicate offences cumulate. § 1º: same penalties for whoever impedes or in any way embarrasses the investigation of an offence involving a criminal organisation, if the fact does not constitute a more serious crime (wording as amended by Lei nº 15.245/2025). § 3º: penalty aggravated for whoever exercises command, individual or collective, even without personally practising acts of execution (no fixed fraction stated). §§ 5º-6º: precautionary removal of a public servant; on final conviction, loss of office/function/employment/elective mandate + 8-year interdiction. § 8º: leaders of armed organisations (or with weapons available) must begin serving in maximum-security establishments. § 9º: no regime progression / parole / other prison benefits if evidence indicates maintenance of the associative link.
ENHANCEMENT (not a standalone offence) — use of a firearm — Lei nº 12.850/2013, art. 2º § 2ºPossibly — unconfirmed
- Imprisonment
- No separate range — art. 2º penalties increased by up to 1/2
- Fine
- As per underlying offence (art. 2º)
Applies when a firearm is employed in the organisation's activities. Enhancement only — never present as its own offence with its own range.
ENHANCEMENT (not a standalone offence) — aggravating circumstances — Lei nº 12.850/2013, art. 2º § 4ºPossibly — unconfirmed
- Imprisonment
- No separate range — art. 2º penalty increased by 1/6 to 2/3
- Fine
- As per underlying offence (art. 2º)
Increase applies if: (I) a child or adolescent participates, or the organisation is destined to commit crimes in Lei nº 8.069/1990 (ECA) — wording as amended by Lei nº 15.487/2026; (II) a public servant concurs, with the organisation using that status; (III) the product/profit is destined wholly or partly abroad; (IV) the organisation maintains connections with other independent criminal organisations; (V) the circumstances show the organisation is transnational. Enhancement only — never present as its own offence with its own range.
Associação criminosa — CP art. 288 (associating 3 or more persons for the specific purpose of committing crimes)Possibly — unconfirmed
- Imprisonment
- Reclusão, 1 to 3 years
- Fine
- No fine stated in this article
Text read from the official Lei nº 12.850/2013 page, art. 24, which redrafts art. 288. Parágrafo único: penalty increased by up to half if the association is armed or there is participation of a child or adolescent. Subsidiary to Lei nº 12.850/2013 art. 2º when that article's elements (4+ persons, structured order, division of tasks, advantage-seeking, offences with maximum > 4 years or transnational) are met.
Constituição de milícia privada — CP art. 288-A (constituting, organising, integrating, maintaining or funding a paramilitary organisation, private militia, group or squad for the purpose of practising any of the crimes in the Código Penal)Possibly — unconfirmed
- Imprisonment
- Reclusão, 4 to 8 years
- Fine
- No fine stated in this article (as corroborated)
NOT read from an official source in this session — range corroborated by ENFAM / Câmara reproductions quoting the official text (inserted by Lei nº 12.720/2012); re-check against the CP compiled text before publishing. No parágrafo único / increase fraction in the article as corroborated.
Investigation offence — revealing collaborator identity / photographing / filming — Lei nº 12.850/2013, art. 18Possibly — unconfirmed
- Imprisonment
- Reclusão, 1 to 3 years
- Fine
- Multa (amount not quantified in the offence article — statute says 'e multa' only)
Revealing the identity, photographing or filming the collaborator without prior written authorisation. Ancillary offence occurring in investigation / obtaining of evidence, not the organisation offence itself.
Investigation offence — false imputation / false organisation-structure information — Lei nº 12.850/2013, art. 19Possibly — unconfirmed
- Imprisonment
- Reclusão, 1 to 4 years
- Fine
- Multa (amount not quantified in the offence article — statute says 'e multa' only)
Falsely imputing, under pretext of collaboration with Justice, an offence to a person known to be innocent, or revealing information about the organisation's structure known to be untrue.
Investigation offence — breaching secrecy of controlled action / agent infiltration — Lei nº 12.850/2013, art. 20Possibly — unconfirmed
- Imprisonment
- Reclusão, 1 to 4 years
- Fine
- Multa (amount not quantified in the offence article — statute says 'e multa' only)
Failing to comply with a secrecy order for investigations involving controlled action and infiltration of agents.
Investigation offence — refusing / omitting registry data — Lei nº 12.850/2013, art. 21Possibly — unconfirmed
- Imprisonment
- Reclusão, 6 months to 2 years
- Fine
- Multa (amount not quantified in the offence article — statute says 'e multa' only)
Refusing or omitting registry data, records, documents and information requested by the judge, Ministério Público or police chief during investigation or proceedings. Parágrafo único: same penalty for whoever improperly appropriates, spreads, discloses or uses such registry data.
Obstruction of actions against organised crime — Lei nº 12.850/2013, art. 21-APossibly — unconfirmed
- Imprisonment
- Reclusão, 4 to 12 years
- Fine
- Multa (amount not quantified in the offence article — statute says 'e multa' only)
Inserted by Lei nº 15.245/2025. Soliciting (by promise or grant of advantage of any nature) or ordering someone to practise violence or grave threat against a public agent, lawyer, dative defender, juror, witness, collaborator or expert, to impede, embarrass or retaliate against the regular course of proceedings/investigation of organisation crimes or approval of any measure against organised crime. § 1º: same penalties for conduct against spouse, partner, child or blood relative to the 3rd degree, or by affinity, of the protected persons. § 2º: if the violence / grave threat is attempted or consummated, the penalty for the corresponding crime also applies. § 3º: convicted person must begin serving in a federal maximum-security establishment. § 4º: provisional prisoner investigated/prosecuted under this article is held in a federal maximum-security establishment.
Conspiracy to obstruct actions against organised crime — Lei nº 12.850/2013, art. 21-BPossibly — unconfirmed
- Imprisonment
- Reclusão, 4 to 12 years
- Fine
- Multa (amount not quantified in the offence article — statute says 'e multa' only)
Inserted by Lei nº 15.245/2025. Two or more persons agreeing to practise violence or grave threat against a public agent, lawyer, dative defender, juror, witness, collaborator or expert, to impede, embarrass or retaliate against the regular course of proceedings/investigation of organisation crimes or approval of any measure against organised crime. §§ 1º-4º mirror art. 21-A (protected relatives; corresponding-crime penalty if attempted/consummated; federal maximum-security start of sentence and provisional custody).
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 count invented, no currency conversion. Art. 2º: penalties are 'sem prejuízo das penas correspondentes às demais infrações penais praticadas' — predicate offences cumulate. Art. 4º collaboration benefits (judicial pardon, reduction up to 2/3, or substitution by rights-restrictive penalty) are NOT folded into the ranges. CP art. 288-A was NOT read from an official source in this session (CP compiled-page fetch failed); its 4-8-year range is corroborated by ENFAM / Câmara reproductions quoting the official text — re-check against the CP compiled text before publishing. Art. 288 text was read from the official Lei nº 12.850/2013 page (art. 24, which redrafts it). Arts. 21-A and 21-B inserted by Lei nº 15.245/2025; art. 2º § 1º wording as amended by the same law; art. 2º § 4º I wording as amended by Lei nº 15.487/2026.