Unofficial Translation Brazil Penal Code - Decree-Law No 2848 Published: December 7th, 1940
TITLE XI OF CRIMES AGAINST PUBLIC ADMINISTRATION CHAPTER I CRIMES COMMITTED BY GOVERNMENT OFFICIALS AGAINST THE ADMINISTRATION IN GENERAL Embezzlement Art. 312 - Appropriating the public officer of money, value or any other movable property, public or private, that has possession due to post, or deflect it in yourself or others: Penalty - imprisonment from two to twelve years and a fine. ยง 1 - Applies the same penalty if the public official, while not in possession of money, value or good, subtracts, or competes to be subtracted in yourself or others, taking advantage of the quality that being an employee provides. Embezzlement culpable ยง 2 - If the employee contributes guiltily for the crime of another: Penalty - imprisonment from three months to one year. ยง 3 - In the case of the preceding paragraph, the repair of damage if the above sentence without appeal, extinguishes criminal liability if it is later reduced to half the sentence imposed. Embezzlement of another error by Art. 313 - Take ownership of money or any use that in office, received by mistake of others: Penalty - imprisonment of one to four years and fine. Entering false data in information system (Included by Law No. 9983, 2000) Art. 313-A. Insert or facilitate, the official authorized to enter false data, change or delete unduly correct data in computerized systems or databases of Public Administration with the purpose of obtaining an undue advantage for himself or another or to harm: (Included by Law No. 9983, 2000)) Penalty - two (2) twelve (12) years and a fine. (Included by Law No. 9983 of 2000)
Modification or unauthorized alteration of information system (Included by Law No. 9983, 2000) Art. 313-B. Modify or change the employee information system or computer program without permission or request of the competent authority: (Included by Law No. 9983, 2000) Penalty - detention of 3 (three) months to two (2) years, and fine.(Included by Law No. 9983, 2000) Sole paragraph. The penalties are increased by one third to one half if the modification or alteration resulting harm to the government or to run.(Included by Law No. 9983 of 2000) Loss, destruction or concealment of a book or document Art. 314 - stray book or any official document that has custody due to post; withhold it or make it unusable in whole or in part: Penalty - imprisonment of one to four years if the act does not constitute a more serious crime. Unlawful employment of public funds or annuities Art. 315 - Give to public funds or annuities established in different application of the law: Penalty - detention of one to three months, or a fine. Concussion Art. 316 - Require, for yourself or others, directly or indirectly, even outside the function or before assuming her, but because her undue advantage: Penalty - imprisonment from two to eight years and a fine. Excess exaction ยง 1 - If the employee requires tax or social contribution knows or should know that improper, or, when due, the collection employs half vexatious or burdensome, that the law does not authorize: (Amended by Law No. 8137, 27.12.1990) Penalty - imprisonment of three (3) to eight (8) years and a fine. (Amended by Law No. 8137, 27.12.1990) ยง 2 - If the employee deviates, for yourself or others, which received improperly to gather public coffers: Penalty - imprisonment from two to twelve years and a fine. Corruption passive Art. 317 - Solicit or receive to themselves or others, directly or indirectly, even outside the function or before assuming her, but because her undue advantage, or accepts a promise of such an advantage:
Penalty - 2 (two) to twelve (12) years and a fine. (Amended by Act No. 10763, 12.11.2003) ยง 1 - The penalty is increased by one third if, in consequence of the promise or advantage, the official slows or stops from performing any official act or practice violating his official duty. ยง 2 - If the official practices, fails to perform or delay any official act, in violation of his official duty, giving way to request or influence of others: Penalty - detention of three months to one year or a fine. Facilitation smuggling or embezzlement Art. 318 - Facilitate, in violation of his official duty, engaging in smuggling or embezzlement (Art. 334): Penalty - imprisonment of three (3) to eight (8) years and afine.(Amended by Law No. 8137,, 27.12.1990) Prevarication Art. 319 - Delaying or abstain from doing, wrongfully, any official act, or practice it against an express provision of law, to satisfy interest or personal feeling: Penalty - imprisonment from three months to one year and a fine. Art. 319-A. Leave the Director of Penitentiary and / or public officer, to fulfill their duty of sealing the prisoner access to telephone equipment, radio or similar, to enable communication with other prisoners or with the external environment: (Included by Law No. 11,466, , 2007. Penalty: imprisonment of three (3) months to one (1) year. Condescension criminal Art. 320 - Leave the employee, indulgence, blaming subordinate who committed wrongdoing in office or when it lacks jurisdiction, not bring the fact to the notice of the competent authority: Penalty - detention of fifteen days to one month, or fine. Administrative Law Section 321 - Sponsor, directly or indirectly, private interest before the public administration, taking advantage of an official Penalty - detention of one to three months, or a fine. Sole paragraph. If the interest is illegitimate: Penalty - imprisonment from three months to one year and fine. Arbitrary violence
Section 322 - Practicing violence in year function or excuse to exercise it: Penalty - imprisonment from six months to three years, besides the penalty corresponding to violence. Abandonment function Art. 323 - Leaving public office, except for cases permitted by law: Penalty - detention of fifteen days to one month, or fine. ยง 1 - If the fact results public nuisance: Penalty - imprisonment from three months to one year and a fine. ยง 2 - If the fact is instead understood in the border Penalty - detention of one to three years and fine. Functional Exercise illegally anticipated or prolonged Art. 324 - Entering the exercise of public function before met the legal requirements, or continue to exercise it, without authorization, after learning it was officially dismissed, removed, replaced or suspended: Penalty - detention of fifteen days to one month, or fine. Breach of confidentiality Functional Art. 325 - Reveal fact that science has in virtue of the office and that must remain a secret, or facilitate his revelation: Penalty - imprisonment from six months to two years, or a fine, if the act does not constitute a more serious crime. ยง 1 The same penalties this Art. applies to those who: (Included by Law No. 9983 of 2000) I - allows or facilitated by the award, supply and lending password or otherwise access of unauthorized persons to information systems or database Public Administration; (Included by Law No. 9983 of 2000) II - is used wrongly of restricted access. (Included by Law No. 9983, 2000) ยง 2 - If the act or omission results in damage to government or others: (Included by Law No. 9983, 2000) Penalty - imprisonment of 2 (two) six (6) years and a fine. (Included by Law No. 9983, 2000) Breach of confidentiality of tender competition Art. 326 - Penetrate the secrecy of proposed public bid, or provide an opportunity to the third inquest it
Penalty - detention of three months to one year and a fine. Civil servant Art. 327 - It is official, for the purposes of criminal law, who, although transiently or without remuneration, holds a position, employment or public office. ยง 1 - equates to a civil servant who holds a position, job or function in an entity public, and those who work for service provider company engaged or convening for running typical activity of Public Administration.(Included by Law No. 9983, 2000) ยง 2 - The penalty will be increased from the third pArt. when the perpetrators of the crimes mentioned in this chapter are officeholders in committee or function steering or advisory organ of direct administration, mixed economy company, public corporation or foundation established by the government. (Included by Law No. 6799 of 1980) CHAPTER II CRIMES COMMITTED AGAINST THE ADMINISTRATION IN PARTICULAR IN GENERAL Misused civil Art. 328 - Usurping the exercise of public function: Penalty - imprisonment from three months to two years and fine. Sole paragraph - If the fact that the agent earns advantage: Penalty - imprisonment from two to five years and fine. Resistance Art. 329 - Oppose the execution of lawful act, by force or threat to the competent official to run it or to whom you are providing aid: Penalty - imprisonment from two months to two years. ยง 1 - If the act by reason of strength, not executed: Penalty - imprisonment of one to three years. ยง 2 - Penalties This Art. shall apply without prejudice to the corresponding violence. Disobedience Art. 330 - Disobeying a lawful order of a public official: Penalty - detention of fifteen days to six months and fine. Contempt Art. 331 - defy public official in the performance of duties or by reason of it:
Penalty - imprisonment from six months to two years or a fine. Trafficking of influence (Amended by Law No. 9127, 1995) Art. 332 - Request, demand, collect or obtain for himself or for another, advantage or promise of benefit, under the pretext of influencing an act committed by a public official in the exercise of the function: (Amended by Law No. 9127 of 1995) Penalty - imprisonment of two (2) to five (5) years and a fine. (Amended by Law No. 9127 of 1995) Sole paragraph - The penalty is increased by half, if the perpetrator alleges or implies that the advantage is also designed the official. (Amended by Law No. 9127, 1995) Active bribery Art. 333 - Offer or promise undue advantage to a public official, to determine it in practice, to omit or delay any official act: Penalty - two (2) twelve (12) years and a fine. (Amended by Law No. 10 763, 12.11.2003) Sole paragraph. The penalty is increased by one third if, because of the advantage or promise, the official delays or omits any official act, or practice violating his official duty. Smuggling or embezzlement Art. 334 Import or export goods prohibited or deceive, in whole or in part, the payment of duty or tax due for the entry, exit or by consumption of goods: Penalty - imprisonment of one to four years. ยง 1 - the same penalty who: (Amended by Law No. 4729 of 14.07.1965) a) practices cabotage, except for cases permitted by law; (Amended by Law No. 4729 of 14.07.1965) b) practices actually assimilated into law particular the smuggling or embezzlement; (Amended by Law No. 4729 of 07.14.1965) c) sells, offers for sale, holds on deposit or in any way uses in yourself or others, in the exercise of a trade or industrial goods of foreign origin have entered the country illegally or fraudulently imported product to be or who knows of smuggling domestically or import fraudulently by others; (Included by Law No. 4729 of 14.07.1965) d) acquires, receives or conceals, for yourself or others, in the course of trade or business, goods of foreign origin, unaccompanied by legal documentation, or accompanied by documents known to be false. (Included by Law No. 4729, of 14.7 .1965) ยง 2 - equates to the business activities for the purposes of this article, any form of illegal or irregular trade of foreign goods, including exercised in homes. (Amended by Law No. 4729 of 14.07.1965)
ยง 3 - the penalty applies double if the offense of smuggling or embezzlement is practiced in air transport. (Included by Law No. 4729 of 07.14.1965) Prevention, disruption or fraud competition Art. 335 - prevent, hinder or defraud public tender or public auction, sponsored by the federal government, state or municipal or public entity; away or look away or competing bidder, by means of violence, serious threat, fraud or offering advantage Penalty - imprisonment from six months to two years, or fine, besides the penalty corresponding to violence. Sole paragraph - the same penalty who abstains from tender or bid, because of the advantage offered. Disposal of announcement or signal Art. 336 - Tearing or, in any way, disable or sully formal written notice by order of a public official; breach or failure of a seal or signal employee, by operation of law or by order of a public official to identify or close any object: Penalty - detention of one month to one year or a fine. Subtraction or destruction of the book or document Art. 337 - Subtract, or impair, totally or partially, official book, document or process entrusted to the custody of an employee, by reason of office, private or in public: Penalty - imprisonment from two to five years if the act does not constitute more serious crime. Withholding of social security contributions (Included by Law No. 9983, 2000) Art. 337-A. Eliminate or reduce social contribution pension and any enhancement by the following conduct: (Included by Law No. 9983 of 2000) I - omit payroll company or document information provided by pension legislation insured employee, entrepreneur, independent worker or self-employed or this equated providing services to; (Included by Law No. 9983 of 2000) II - fail to launch monthly titles own business accounting amounts deducted from policyholders or payable by the employer or by the policy service , (Included by Law No. 9983, 2000) III - omit all or part of revenues or profits, salaries paid or credited and other triggering events of social contributions pension: (Included by Law No. 9983, 2000) Penalty - , two (2) to five (5) years and a fine. (Included by Law No. 9983, 2000) ยง 1 is extinct punishment if the agent spontaneously declares and confesses contributions, amounts or values and provides the information due to social security, as defined by law or regulation, before the stArt. of fiscal action.(Included by Law No. 9983, 2000)
ยง 2 is provided to the judge fails to apply the penalty or apply only to a fine if the agent is primary and of good report, if: (Included by Law No. 9983 of 2000) I - (Vetoed) (Included by Law No. 9983 of 2000) II - the amount of contributions due, including attachments, is equal to or lower than that established by the Social Security administratively as the minimum for the filing of their tax foreclosures. (Included by Law No. 9983, 2000) ยง 3 If the employer is not a legal entity and its monthly payroll does not exceed R $ 1,510.00 (one thousand five hundred and ten dollars), the court may reduce the sentence of a third to one half or apply just fine. (Included by Law No. 9983, 2000) ยง 4 The amount referred to in the preceding paragraph shall be adjusted on the same dates and the same indices of adjustment of social security benefits. ( Included by Law No. 9983 of 2000) CHAPTER II-A (Included by Law No. 10,467, of 11.6.2002) FOR CRIMES COMMITTED AGAINST PRIVATE FOREIGN GOVERNMENT Active bribery in international business transaction Art. 337-B. Promising, offering or giving, directly or indirectly, any undue advantage to a foreign public official, or the third person to determine it in practice, to omit or delay any official act relating to international business transaction: (Included by Law No. 10,467, from 11.6 .2002) Penalty - one (1) to eight (8) years and a fine. (Included by Law No. 10,467, of 11.6.2002) Sole paragraph. The penalty is increased by 1/3 (one third) if, because of the advantage or promise, the foreign public official delays or omits any official act, or practice violating his official duty. (Included by Law No. 10,467, from 11.6 .2002) Traffic of influence in business transaction international(Included by Law No. 10,467, of 11.6.2002) Art. 337-C. Request, demand, collect or obtain for themselves or others, directly or indirectly, advantage or promise of advantage of influencing an act committed by a foreign public official in the exercise of their functions relating to international business transaction: (Included by Law No. 10467, of 11.6.2002) Penalty - two (2) to five (5) years and a fine. (Included by Law No. 10,467, of 11.6.2002) Sole paragraph. The penalty is increased by half, if the perpetrator alleges or implies that the advantage is also destined to foreign officials. (Included by Law No. 10,467, of 11.6.2002) Foreign public official (Included by Law No. 10,467, of 11.6.2002)
Art. 337-D. It is considered foreign official for purposes of criminal law, who, even though temporarily or unpaid, holds a position, employment or public office in state bodies or in diplomatic representations abroad. (Included by Law No. 10,467, of 11.6.2002 ) Sole paragraph. Equates to a foreign public official who holds a position, job or function in subsidiaries, directly or indirectly, by the Government of any foreign country or in public international organizations.(Included by Law No. 10,467, of 11.6.2002) CHAPTER III OF CRIMES AGAINST THE ADMINISTRATION OF JUSTICE Re-entrance of foreigner expelled Art. 338 – Re-join the country in which it was expelled foreign Penalty - imprisonment of one to four years, subject to new deportation after serving his sentence. Slanderous denunciation Art. 339. Give cause the establishment of a police investigation, the judicial process, establishment of administrative investigation, civil investigation or action of administrative misconduct against someone, charging him crime that knows innocent: (Amended by Law No. 10,028, 2000) Penalty - imprisonment of two to eight years and a fine. § 1 - The penalty is increased by one sixth, if the agent makes use of anonymity or assumed name. § 2 - The penalty is reduced by half if charging is practical misdemeanour. Communication of false crime or misdemeanour Art. 340 - Causing action authority, informing him of the occurrence of crime or misdemeanour know that there had been: Penalty - imprisonment from one to six months, or a fine. False accusation Auto-Art341 - Accusing up before the authority, or non-existent crime committed by others: Penalty - imprisonment from three months to two years or a fine. False testimony or false expertise Art. 342. Making false statement, or deny or silence the truth as a witness, expert, accountant, translator or interpreter in legal proceedings or administrative, police investigations, or in arbitration: (Amended by Law No. 10,268, of 8/28/2001) Penalty - imprisonment of one to three years and fine.
ยง 1 The penalties increase up to one sixth to one third if the crime is committed through bribery or committed in order to obtain evidence intended to take effect in criminal proceedings, or in civil procedure that is part of the government entity directly or indirectly.(Amended by Law No. 10,268, of 08/28/2001) ยง 2 The fact is no longer punishable before sentencing in the case in which the offense occurred, the agent retracts or declaring the truth.(Amended by Law No. 10,268, of 28/08/2001) Art. 343. Giving, offering or promising money or any other advantage the witness, expert, accountant, translator or interpreter to make false statement, deny or silence the truth in testimony, expertise, calculations, translation or interpretation: (Amended by Law No. 10,268, , 28.8.2001) Penalty - three to four years and a fine. (Amended by Law No. 10,268, of 08/28/2001) Sole paragraph. The penalties increase up to one sixth to one third if the offense is committed in order to obtain evidence intended to take effect in criminal or civil proceedings in which the entity is part of the government directly or indirectly. (Amended by Law No. 10,268, of 08/28/2001) Duress during the proceedings Art. 344 - Use of violence or serious threat, in order to favour its own interests or others, against authority, party, or anyone else who works or is called to intervene in the judicial process, police or administrative or arbitration: Penalty - imprisonment of one to four years, and a fine addition to the penalty corresponding to violence. Arbitrary exercise of own reasons Art. 345 - Making vigilante justice, to satisfy claims, although legitimate, unless the law allows: Penalty - detention of fifteen days to one month, or fine, besides the penalty corresponding to violence. Sole paragraph - If there are no jobs of violence, abuse will be brought through. Section 346 - Remove, remove, destroy or damage its own thing, which is found in the possession of a third party by court order or agreement: Penalty - imprisonment from six months to two years and fine. Procedural Fraud Art. 347 - Innovate artificially pending civil or administrative procedure, the state of place, thing or person, in order to mislead the judge or expert: Penalty - imprisonment from three months to two years and fine.
ยง - If innovation is intended to take effect in criminal proceedings, if not initiated, only apply double. Favouring personal Art. 348 - Assist to evade the action of public authority author of crime that is restraint applied imprisonment Penalty - detention of one to six months and fine. ยง 1 - If the crime is not restraint applied imprisonment: Penalty - imprisonment of fifteen days to three months and fine. ยง 2 - If the person providing aid is ascending, descending, spouse or sibling of the offender, is exempt from punishment. Favouring Real Art. 349 - Provide a criminal case out of co-authorship or receiving, aid to securing the advantage of offense: Penalty - detention of one to six months and fine. Art. 349-A. Join promote, mediate, assist or facilitate entry of handset mobile communication, radio or similar, without lawful authority, in prison. (Included by Law No. 12,012, 2009). Penalty: detention of 3 (three) months to one (1) year. (Included by Law No. 12,012, 2009. Arbitrary exercise or abuse of power Art. 350 - Sort or perform custodial measure individual without legal formalities or abuse of power: Penalty - imprisonment of one month to one year. Sole paragraph - The same penalty that the employee: I - someone illegally receives and collects prison, or establishment for the execution of custodial sentence or measure; II - prolongs the execution of penalty or security measure, leaving the issue in a timely manner or immediately execute the order of freedom, III - submits person who is under his care or custody of vexation or embarrassment unauthorized by law; IV - performs with abuse of power, any diligence. Trail arrested or subjected to security measures
Art. 351 - Promoting or facilitating the escape of a person lawfully arrested or subjected to a security measure to be arrested: Penalty - imprisonment from six months to two years. ยง 1 - If the crime is committed at gunpoint, or by more than one person, or by burglary, the penalty is imprisonment of from two to six years. ยง 2 - If there is use of violence against a person, also applies to the penalty corresponding to violence. ยง 3 - The penalty is imprisonment of one to four years if the crime is committed by person under whose custody or guardianship is arrested or interned. ยง 4 - In case of fault of the officer responsible for the custody or guardianship, apply the penalty of imprisonment from three months to one year or fine. Dodging through violence against the person Art. 352 - Evade up or attempt to evade the arrest or the person subjected to custodial security measure, using violence against the person: Penalty - imprisonment from three months to one year beyond the penalty corresponding to violence. Rapture of trapped Art. 353 - Snatch arrested in order to mistreat him, the power of who has custody or guardianship Penalty - imprisonment of one to four years, in addition to the penalty corresponding to violence. Riot of Prisoners Art. 354 - Riots of prisoners, disturbing the order or discipline of the prison: Penalty - imprisonment from six months to two years, in addition to the penalty corresponding to violence. Sponsor unfaithful Art. 355 - Betray, as a lawyer or attorney, professional duty, hurting interest whose sponsorship in court, he is entrusted Penalty - imprisonment from six months to three years and fine. Sponsorship simultaneously or misrepresentation Sole paragraph - incurs penalty in this Art. the lawyer or attorney argues in court that same cause, simultaneously or successively, the opposing parties.
Withholding paper or object probative value Art. 356 - Discard, wholly or partially, or fail to repay file, document or object probative value, given that as a lawyer or attorney: Penalty - detention from six to three years and fine. Exploration of prestige Art. 357 - Soliciting or receiving money or any other utility, the excuse to influence a judge, juror, court prosecutor, justice official, expert, translator, interpreter or witness: Penalty - imprisonment of one to five years and fine. Sole paragraph - The penalties increase up to a third if the agent claims or insinuates that money or usefulness also intended to any person referred to in this article. Violence or fraud in judicial auction Art. 358 - prevent, hinder or defraud judicial auction; away or look away or competing bidder, by means of violence, serious threat, fraud or offering advantage: Penalty - imprisonment from two months to one year or a fine, in addition to the penalty corresponding violence. Disobedience to court over loss or suspension of law Art. 359 - Exercise function, activity, duty, authority or munus, that was suspended by a court decision or private: Penalty - imprisonment from three months to two years or a fine.