Home / Brazil / Torture (tortura)
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 ECA art. 233 was revoked by this law.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
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.