Penalty Info

Home / Brazil / Tax evasion and crimes against the tax / economic order and consumer relations (sonegação fiscal)

Tax evasion and crimes against the tax / economic order and consumer relations (sonegação fiscal)Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Art. 1 — suprimir / reduzir tributo ou contribuição social e qualquer acessório, mediante: omitting information / false declaration; fraud against tax inspection; falsifying / altering invoices / duplicates / sales notes; using a document known to be false / inexact; denying / failing to provide a mandatory invoicePossibly — unconfirmed

Imprisonment
Reclusão 2–5 years
Fine
Multa

Art. 2 — false declaration / omission on income / goods / facts to exempt oneself from tax; failure to remit, within the legal deadline, tax / social contribution withheld / charged; demanding / paying / receiving a percentage on a deductible / deducted portion as a tax incentive; misapplying a tax incentive; using / disclosing data-processing software allowing different accounting information from that given to the TreasuryPossibly — unconfirmed

Imprisonment
Detenção 6 months–2 years
Fine
Multa

Art. 3 — crime funcional contra a ordem tributária (by public officials)Possibly — unconfirmed

Imprisonment
Reclusão 1–4 years
Fine
Multa

Art. 4 — crime contra a ordem económica (abuse of economic power, etc.)Possibly — unconfirmed

Imprisonment
Reclusão 2–5 years
Fine
Multa

Corroborated by a single secondary source; re-check against Planalto.

Art. 7 — crimes contra as relações de consumo (listed conducts: favouring / preferring a purchaser without a lawful reason; selling goods in disagreement with the offer; etc.)Possibly — unconfirmed

Imprisonment
Detenção 2–5 years
Fine
Multa (alternative to detention)

Art. 12 — increasesPossibly — unconfirmed

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

Grave damage to the community; committed by a public servant in function; against provision of services / commerce of goods essential to life or health.

Note on this entry

One category covering Lei nº 8.137/1990 (tax, economic-order and consumer-relations crimes). Art. 12 increases apply to arts. 1, 2 and 4–7.

Source

Statute
Lei nº 8.137/1990, arts. 1–4, 7, 12
Official source
Secondary sources quoting Lei nº 8.137/1990 text
Verification status
All tiers corroborated only by secondary sources quoting the law text; art. 4 in particular needs a Planalto re-check.
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, definitive tax assessment (lançamento definitivo) as a condition for prosecution of art. 1 I–IV, payment / parcelamento suspending punishability (Lei nº 10.684/2003, art. 9), discretion, plea-type agreements. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.