Penalty Info

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Torture (tortura)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 caput — tortura (constranger alguém com emprego de violência ou grave ameaça, causando-lhe sofrimento físico ou mental: to obtain information / declaration / confession; to provoke criminal action / omission; for racial / religious discrimination; or submitting someone under one’s guard / power / authority to intense suffering as personal punishment / preventive measure)Possibly — unconfirmed

Imprisonment
Reclusão 2–8 years
Fine
—

§1 (person arrested / under a security measure subjected to suffering by an act not provided by law): same penalty.

Art. 1 §2 — omitting to act in face of these conducts, when one had the duty to prevent / investigate themPossibly — unconfirmed

Imprisonment
Detenção 1–4 years
Fine
—

Art. 1 §3 — qualified by resultPossibly — unconfirmed

Imprisonment
Reclusão 4–10 years (grave / very grave injury); Reclusão 8–16 years (death)
Fine
—

Art. 1 §4 — committed by a public agent; against a child, pregnant woman, disabled person, adolescent or person over 60; or by means of kidnappingPossibly — unconfirmed

Imprisonment
Range INCREASED by 1/6–1/3
Fine
—
Note on this entry

Lei nº 9.455/1997. Torture is inafiançável and insusceptible of grace / amnesty; conviction carries loss of public office / function / employment and interdiction for double the penalty period (§5). ECA art. 233 was revoked by this law.

Source

Statute
Lei nº 9.455/1997, art. 1
Official source
Secondary sources quoting Lei nº 9.455/1997 text
Verification status
All tiers corroborated only by secondary sources quoting the law text; re-check against Planalto before treating as verified.
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, concurrence with the underlying injury / homicide, discretion, plea-type agreements. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.