Criminal Statute of Limitations: Retroactive vs. Intercurrent Prescription
Learn the difference between retroactive and intercurrent prescription, and how each can extinguish the State’s power to punish.
Penal Detraction: How Pretrial Detention Time Counts Toward Your Sentence
Learn how penal detraction (*detração penal*) works under Brazilian law, allowing time already served in pretrial detention or in a secure treatment facility to be deducted from a sentence.
Temporary Leave in Penal Enforcement: Legal Grounds and Current Limits
Learn about temporary leave, a benefit that allows an inmate in the semi-open regime to leave the facility for short periods on specific dates.
Theft Is Only Attempted When the Offender Is Caught Before Leaving the Premises
Brazil’s higher court has held that theft is considered attempted when the offender is detained with the goods in his possession but is still inside the establishment. The decision reinforces that theft is complete only when possession has actually been taken over, a requirement that is not met while the offender remains on the victim’s premises.
Custody Hearing in Brazil: How It Works and What It Is For
A custody hearing is the in-person appearance of a person arrested in flagrante delicto before a judge within twenty-four hours, a step that allows review of the
Traffic Crimes: Law 9.503/97 and Criminal Consequences
Law 9.503/97 created a self-contained criminal framework for conduct on the road, with penalties harsher than those of the Penal Code and consequences that
Calumny, Insult, and Defamation: Crimes Against Honor
Calumny, insult, and defamation are the three crimes against honor defined in the Brazilian Criminal Code, each with its own elements, distinct penalties, and forms
Law Student Arrested for Faking His Own Kidnapping in São Paulo State
A 26-year-old law student was arrested in the act in the interior of São Paulo State on suspicion of faking his own kidnapping to get five thousand reais from his parents, in an episode classified as extortion.
Fraud Under Brazilian Criminal Law (Estelionato): Elements, Evidence, and Defense Strategies
Fraud (estelionato), defined in Article 171 of the Brazilian Penal Code, is one of the most complex property crimes in Brazilian law. The prosecution must prove subjective elements that go beyond simple financial loss. Understanding the structure of the offense, its aggravated forms, and the available defense strategies is critical for anyone facing this charge.
Brazil’s Superior Court of Justice (STJ) Rules That a Specialized Court Must Hear Racial Insult Cases Against Adolescents
The Sixth Panel of the Superior Court of Justice has ruled that the court specialized in crimes against children and adolescents has jurisdiction over a case of alleged racial insult against an adolescent victim, rather than the ordinary criminal courts.
Internet Crimes Against Children and Teens in 2026
Learn about the laws that protect minors online and how to report cybercrimes.
Drug Trafficking: How the Law Distinguishes Between a User and a Trafficker in Practice
The line between a drug user and a drug trafficker is one of the most delicate issues in Brazilian criminal law. Law 11.343/2006 sets no definitive objective or quantitative criteria, leaving the judge to weigh the concrete circumstances of each case. This judicial discretion can lead to radically different outcomes for the accused: educational measures for possession for personal use, or a conviction for a heinous crime carrying a minimum sentence of five years for trafficking.
Domestic Violence: The Maria da Penha Law and Protective Orders
Law 11.340/2006 is Brazil’s principal legal framework for confronting domestic and family violence against women. It establishes an integrated system of prevention, protection, and accountability, ranging from the definition of each form of violence to court mechanisms for immediate intervention. The law recognizes how complex the problem is and gives the judiciary tools to act quickly, regardless of whether the victim wishes to pursue the case.
Disinformation and Fake News: Legal Liability
Spreading false news can lead to civil, criminal, and electoral liability in Brazil. Even without a general law on the subject, the Electoral Code, the Penal Code, and the Marco Civil da Internet (Brazil’s Internet Civil Rights Framework) allow for content removal and compensation for victims.
Theft and Robbery: Key Differences in How Brazilian Law Defines Each Crime
Although they cause the victim the same financial loss, theft and robbery are treated differently under the Brazilian Penal Code, with penalties and
