Brazilian criminal justice#Code of criminal procedure

File:D. Manuel no exercício de justiça (Livro da justiça, dos crimes e das penas, Livro V das Ordenações d'El-Rei D. Manuel, Lisboa, João Pedro Bonhomini de Cremona, 1514).png exercising justice, in a woodcut from the 1514 edition of the Manueline Ordinances.]]

Brazil's legal tradition derives from the civil law of Western Europe, in particular Portuguese law, which in turn comes from Roman law.{{sfn|Campilongo|2016|p=PT33}}

Unlike other parts of Latin America, Brazil in pre-colonial times before the arrival of the Portuguese in 1500 did not have any developed indigenous cultures with institutions of their own, such as Mayas, Incas or Aztecs elsewhere. It was also very different from Spanish or English colonization, as Brazil was a vast and very sparsely populated region. Also, Portugal was busy with African and Asian colonies, before looking toward Brazil around 1530. In 1548, the General Government was created ({{lang|pt|governo-geral}}) to administer the area.{{sfn|Campilongo|2016|p=PT32}}

Some of the first legal documents were the {{ill|Gift letters|pt|Cartas de doação|it|Lettera di donazione|v=sup}} for hereditary ownership, and the Foral, a royal decree which called for defining borders and administering the land from the early 16th century, shortly after the Portuguese arrived in Brazil. These continued to be used until independence in 1822. Indigenous practices were ignored, although outside of legal practice they had a great influence on the developing nation. The huge, unknown and hostile environment led to slow development of legal practices due to the distance of the motherland, and generally lacked legitimacy from initial discovery to declaration of the kingdom in 1815, and the republic in 1822.{{sfn|Campilongo|2016|pp=PT32–PT34}}

Civil law came to Brazil with the Empire of Brazil.[https://library.brown.edu/create/fivecenturiesofchange/chapters/chapter-3/pedro-i-and-pedro-ii/ 3.1 Pedro I and Pedro II] companion website to the 2021 third edition of James N. Green and Thomas E. Skidmore's textbook Brazil: Five Centuries of Change, published by Oxford University Press.

Originally a plantation economy,{{Cite web|url=https://www.law.ox.ac.uk/content/event/punishment-and-social-structure-brazil-under-slavery-colony-inauguration-modern|title=Punishment and social structure in Brazil under slavery: From the colony to the inauguration of the modern prison. | Faculty of Law|website=www.law.ox.ac.uk}} Brazil abolished slavery in several stages during the 19th century.[https://oxfordre.com/latinamericanhistory/display/10.1093/acrefore/9780199366439.001.0001/acrefore-9780199366439-e-733;jsessionid=A942D1BD1B142E4A50E2A9CA5CE92221?rskey=0CRyLX The Abolition of Brazilian Slavery, 1864–1888], Ricardo Salles, in Latin American History, Oxford Research Encyclopedia

https://doi.org/10.1093/acrefore/9780199366439.013.733

Published online: 30 October 2019

File:Portugal (Ordeções Afonsinas).jpg

During the colonial period, the system of law consisted of Royal Ordinances: the Alfonsine Ordinances ({{lang|pt|Ordenações Afonsinas}}) from 1446, which drew heavily from Roman law, the {{ill|Phillipine Ordinances|pt|Ordenações Filipinas|v=sup}} ({{lang|pt|Ordenações Filipinas}}) from 1603, and the Manueline Ordinances of 1512. The Alfonsine Ordinances are unique in being the first norms produced in the way modern codes are. The Manueline was a revised version of the Phillipine, and the first printed code anywhere; portions remained in effect after independence in 1822, and it was not fully replaced until Clovis Bevilaqua's Civil Code of 1917.{{sfn|Altieri|2011|p=4}}

{{Further|History of Brazil#Old Republic (1889–1930)}}

Changes in earlier, classical views of criminology arrived in Brazil in the nineteenth century, especially after 1870, from the ferment and discourse in Europe in positivist criminology, and fin de siècle views of "degeneration" and supposed "scientific" methods of dealing with deviant elements of society and protecting society from them.

Positivist criminology emerged in Europe in the 1880s{{sfn|Dias|2020|p=7}} in the context of legal and scientific discourse on criminality and deviance which attempted to understand the question, "what makes a man become a criminal?". In Brazil, these currents emerged during the First Republic, which was a period of intense political, economic, and social upheaval. The Republic was proclaimed in 1889, the economy was being transformed by capitalism, and society was being reshaped in a more individualistic form. The legal system, and especially criminal law, struggled to keep pace with the whirlwinds sweeping Brazil during the First Republic.{{sfn|Dias|2020|p=2}}

The Zeitgeist of the time was the advance of science and cause and effect in understanding phenomena, replacing earlier, more spiritualist views dating to the Middle Ages. Evil had to be understood and explained through observation, calculation, and the use of neutral experiment and scientific method. This extended to the field of medicine, which also was seen as the arbiter of what is normal or pathological, and especially psychiatry, which became key, as besides being concerned with mental illness asoaddressed the issue of identifying dangerous behavior.{{sfn|Dias|2020|p=2, 4–5}}

Fin de siècle Europe was suffused with images of degeneration and decay, and the idea the dangerous classes and criminality would take over society was common. This impeded progress, and to stop it, science would analyze it and provide possible cures. Degeneration became an umbrella term for numerous categories of people, spanning criminals, prostitutes, the insane, and other forms of deviance, and could be countered by the emerging field of criminology, whose object of study was the deviant and attempted to understand the causes, in order to be able to protect society, and to support progress by reducing or controlling degeneration. Cesare Lombroso combined many of these threads and analyzed theories about criminality from a medical perspective, essentially creating a "criminal profile" of someone who is born a criminal. This led to a conception of criminal anthropology by doctors who viewed crime as a symptom of the inborn nature of a criminal, who therefore needed to be treated and not punished. The field of law was encroached upon by biology.{{sfn|Dias|2020|p=5–6}}

The "scientific" development of the idea of "degenerate individuals" veered away from actual study of the criminal element, and towards a means of governing. "Normal" individuals (i.e., white men, employed, civilized per European standards) viewed other types as deviants from normality and a threat to the social order. All of these ideas and theories and attitudes and methods of dealing with them arrived in Brazil from Europe in the nineteenth century, especially after 1870. The new ideas from the positivist school mixed with earlier liberal views from the classical school, and were well received by Brazilian jurists, being viewed as the latest advances from Europe, and resulted in various legal and institutional changes in Brazil, especially in the area of punishment, and control.{{sfn|Dias|2020|p=12}}

Brazil already had a mature legal culture, and the reception of European criminology happened during a time of profound social and political changes from the end of slavery to consolidation of the republic. There was an atmosphere of openness and inclusion of new ideas, such as by the {{ill|School of Recife|pt|Escola do Recife|es|Escuela de Recife|de|Schule von Recife|v=sup}}. This paved the way for the acceptance of positivist criminology, with its air of modernity and free from a spiritualist past they rejected, and moving towards a goal of ensuring social order, which is part of the motto on the Republican flag.{{sfn|Dias|2020|p=13}} The Republic's first piece of business was the {{ill|Penal Code of the United States of Brazil|pt|Código Penal dos Estados Unidos do Brasil|lt=Criminal code of 1890|v=sup}}; the Constitution itself was only written the following year.{{sfn|Deodoro da Fonseca|1890}}{{sfn|Dias|2020|p=13}}

The integration of positivist criminology by Brazilian legal culture took place gradually, centering around legal scholars in the top law schools. There was resistance at first, and Tobias Barreto, a professor of legal philosophy at Recife law school was especially critical of Italian criminologist Lombroso's theories of anthropological criminology and heritable criminality, and was aware of the incursions of the medical field into law.{{sfn|Dias|2020|p=16–17}} {{ill|João Vieira de Araújo|pt||lt=João Vieira|v=sup}}, professor of criminal law in Recife, was the first jurist to support criminological positivism in Brazil, although it took him a while to fully adopt its tenets. Vieira's debates with João Baptista Pereira, author of the republican code and professor of criminal law at the Rio law school was a microcosm of the debate between proponents of the classical and positivist schools in Brazil for the duration of the First Republic.{{sfn|Dias|2020|p=17}} These, in turn, were a reflection of debate on this topic going on in Europe, mostly in Italy, between these schools. Vieira was a gradualist, and his increasing understanding and support of the new ideas did not translated into attempts to reform the classical code into a criminological one; his approach followed that of Italian criminologists Ferri and Garofalo, who held that positivist reform would be inevitable, but gradual. He took over revising the Republican code, but chose to find improvements by referring to the old, Imperial code, hoping to increase the prestige of the Republican code through links to the venerated Roman code.{{sfn|Dias|2020|p=17–18}}

The German, tripartite system of {{as written |criminal theory|reason=This ought to be linked to Criminal theory, only that article never once mentions German theory and its immense influence on criminal theory worldwide, much less the contrast between the German tripartite system and the bipartite system common in some other countries.|date=May 2024}} underlies the theory of crime in Brazil, as well as in all Latin American countries.{{sfn|Fletcher|2001|p=272–273}}

English-speaking common law systems are based on the simpler, bipartite system of criminal theory. The central thesis is that a criminal offense is based on two elements: the actus reus, or external action in the world, and the mens rea, or internal mind state, in particular, intent and that for a crime to occur, both elements must be present.{{sfn|Fletcher|2001|p=269}} France and many countries whose codes are influenced by French law which do not follow common law nevertheless also use the bipartite system, where they call the two elements the material element (actus reus) and the moral element (mens rea).

The American Model Penal Code was a project of law released in 1962 which heavily influenced penal law in the United States, and came up with a four-part division of mens rea, more than most European countries based on the tripartite system, which distinguish between only two elements, negligence and intent.{{sfn|Fletcher|2001|p=269}}

The German tripartite system, on the other hand, takes a different approach, with a criminal offense having three dimensions: the definition of the offense ({{langx|de|Tatbestand}}; {{lang|es|tipo}} in Portuguese and Spanish);{{sfn|Fletcher|2001|p=275}}{{sfn|Mendez|2010|loc=Tipo penal}}{{efn|name="Mendez tipo"}} wrongfulness or unlawfulness; and culpability or blameworthiness (mens rea).{{sfn|Fletcher|2001|p=272, 275}} This allows criminal defense lawyers to find a particular action as unlawful but not culpable, and since all three must be present in order to find a defendant guilty, that is sufficient for acquittal.{{sfn|Fletcher|2001|p=275}}

{{Further interlanguage link|Principles of criminal law in Brazil|pt|Direito penal#Princípios do direito penal}}

Due process of law ({{lang|pt|devido processo legal}}) was first guaranteed in the 1988 Constitution in Article 5 paragraph LIV, and provide that "no one shall be deprived of freedom or of his assets without due process of law".{{sfn|Altieri|2011|p=213}}{{efn|Due process: {{lang|pt|ninguém será privado da liberdade ou de seus bens sem o devido processo legal}}. Constitution, Art. 5, paragraph LIV.}} Other rights include the right to challenge evidence and reply to arguments (the adversarial system); the right of a full defense ({{lang|pt|ampla defesa}}, Art. 5 LV); public availability of all court reasoning and decisions (Art. 5, LX and Art. 93 IX); inadmissability of evidence obtained illegally (Art. 5 LVI); the presumption of innocence (Art. 5 LVII);{{efn|Presumption of innocence: {{lang|pt|ninguém será considerado culpado até o trânsito em julgado de sentença penal condenatória.}} Art. 5 LVII}} compensation for wrongful conviction (Art. 5 LXXV); protection from arrest except per judicial warrant or when caught in the act (Art. 5 LXI);{{efn|Protection from unreasonable arrest: {{lang|pt|ninguém será preso senão em flagrante delito ou por ordem escrita e fundamentada de autoridade judiciária competente, salvo nos casos de transgressão militar ou crime propriamente militar, definidos em lei. Art. 5 LXI}}}} release on recognizance (Art. 5 LXVI); right to remain silent and to have a lawyer (Art. 5 XII);{{efn|Right to a lawyer: {{lang|pt|o preso será informado de seus direitos, entre os quais o de permanecer calado, sendo-lhe assegurada a assistência da família e de advogado}}}} and the right to a speedy trial (Art. 5 LXXVIII).{{sfn|Altieri|2011|p=213}}{{efn|Speedy trial: {{lang|pt| a todos, no âmbito judicial e administrativo, são assegurados a razoável duração do processo e os meios que garantam a celeridade de sua tramitação.}} Supplementary notes: {{lang|pt|(Incluído pela Emenda Constitucional nº 45, de 2004) (Vide ADIN 3392)}}}}

• Principle of legality in criminal law ({{lang|pt|principio da legalidade}}) or Priority of the Norm: the Principle of Legality in Brazilian law is based on article 1 of the Penal Code, which states that there is a requirement for the prior existence of law defining the practice of a given act as a crime, without which the perpetrator can not be convicted. Known from the Latin Nullum crimen, nulla poena sine lege praevia.{{sfn|Pr-Legality|2009}}{{sfn|Altieri|2011|p=206}}
• Right to a full defense: This states that everyone has the right to a defense, regardless of the crime committed and its circumstances. If the person cannot afford to pay for their defense, the state will provide it.{{citation needed|date=April 2024}}
• {{ill|Principle of human dignity|pt|Principio da dignidade humana|v=sup}}: this is the idea that human dignity is an essential value of the fundamental rights guaranteed by the Constitution in Article I, III. Examples include laws to punish discrimination (Article 5, XLI) and to ensure physical and moral rights to prison inmates (Article 5, XLIX).{{sfn|Altieri|2011|p=206}}

{{Main|Crime in Brazil}}

{{Further|pt:Criminalidade no Brasil}}

{{excerpt|Crime in Brazil|file=Viaturas da Polícia de São Paulo.jpg|paragraphs=1-3|hat=no|templates=-Proofreader needed}}

Brazil's numerous ports and its borders with many South American countries makes it a key center of the global cocaine trafficking trade. Prison-based gangs such as the First Capital Command ({{lang|pt|Primeiro Comando da Capital}} – PCC) and the Red Command ({{lang|pt|Comando Vermelho}} – CV) have expanded from Nationwide and are heavily involved in international drug and armstrafficking. Militias form another pole for violent crime and are made up chiefly of police officers, current and former. They hold sway over whole neighborhoods, committing extortion and extrajudicial killings.{{sfn|InsightCrime|2023}}

{{Main|Judiciary of Brazil}}

{{Further|Federal courts of Brazil}}

{{excerpt|Judiciary of Brazil|only=paragraphs|hat=no}}

{{Main|Ministry of Justice and Public Security (Brazil)}}

{{Further|:pt:Ministério da Justiça e Segurança Pública (Brasil)}}

{{unreferenced section|date=April 2024}}

The Ministry of Justice was created under the Empire of Brazil, through the decree of 3 July 1822 by Pedro I of Brazil, as Secretary of State for the Affairs of Justice ({{lang|pt|Secretaria de Estado dos Negócios da Justiça}}.

Under Article 2 of the Constitution, the Ministry of Justice and Public Security cannot interfere in the judiciary branch.

{{Courts of Brazil diagram|style=float:right;margin-top:2.5em}}

{{Main|Judiciary of Brazil}}

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{{excerpt|Judiciary of Brazil|Constitutional foundation|only=paragraphs|paragraphs=1,2|hat=no}}

Article 92 of the Constitution divides the judiciary into nine organs: four individual superior courts (STF, STJ, TST, CNJ), four types of courts and judges (federal regional, labor, electoral, military), and courts and judges at the state level, including the Federal District and the territories.

{{excerpt|Judiciary of Brazil|Constitutional foundation|only=paragraphs|paragraphs=4|hat=no}}

{{Main|National Justice Council}}

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{{Wikisource|pt|Constituição de 1988 da República Federativa do Brasil/Título IV/III|Brazilian Constitution, Title IV, chap. 3|nocat=yes}}

{{See also|Superior Court of Justice (Brazil)}}

Article 92 of the Constitution named five superior courts. They are: the Supreme Federal Court, the Superior Court of Justice, the Superior Labor Court, the Superior Electoral Court, and the Superior Military Court. Magistrates who make up these courts are called ministers.

{{Main|Supreme Federal Court}}

The Supreme Federal Court is the constitutional court of Brazil. An attempt was made without success at the Constitutional Assembly of 1988 to create this court, and again in 1992 as part of the greater push for judiciary reform. It finally became law 12 years later.{{cite web |last1=Pansieri |first1=Flávio |title=Conselho Nacional de Justiça |url=https://enciclopediajuridica.pucsp.br/verbete/52/edicao-1/conselho-nacional-de-justica |website=Enciclópedia Jurídica da PUCSP |access-date=27 February 2022|date=April 2017}}

In May 2009 The Economist called the Supreme Federal Court

"the most overburdened court in the world, thanks to a plethora of rights and privileges entrenched in the country's 1988 constitution (...) till recently the tribunal's decisions did not bind lower courts. The result was a court that is overstretched to the point of mutiny. The Supreme Court received 100,781 cases last year."{{cite news |newspaper=The Economist |url=http://www.economist.com/world/americas/displaystory.cfm?story_id=13707663 |title=Brazil's supreme court: When less is more |date=21 May 2009}}

{{Main|Superior Court of Justice (Brazil)}}

File:SuperiorTribunaldeJustica Brasilia.jpg in Brasília]]

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{{Main|Superior Labor Court}}

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{{excerpt|Superior Labor Court|History|paragraphs=1-2|hat=no}}

{{Main|Superior Electoral Court|Regional Electoral Courts}}

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{{Further|Superior Military Court}}

{{excerpt|Judiciary of Brazil|Superior Military Court|paragraphs=4|hat=no}}

{{Main|Federal Regional Courts}}

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{{Further|Law of Brazil#State-level judiciary}}

{{excerpt|Law of Brazil|Trial courts|hat=no}}

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{{Further|pt:Tribunais Regionais Eleitorais}}

{{excerpt|Regional Electoral Courts|hat=no}}

{{excerpt|Regional Electoral Courts|Responsibilities|paragraphs=2,3|hat=no}}

Currently, three states have Military Justice Courts: the São Paulo, {{ill|Court of Justice of Minas Gerais|pt|Tribunal de Justiça Militar do Estado de Minas Gerais|v=sup|lt=Minas Gerais}} and Rio Grande do Sul, the first of which were created following an agreement between the federal government and the states to reorganize the military police and state military courts in 1936.{{sfn|Law 192|1936}} With the 1988 constitution and the reaffirmation of the military status of the fire departments of the states and the Federal District, the members of these institutions are also subject to the jurisdiction of the Court of Military Justice (TJM).

The main functions of the TJM are defined in the state constitutions, but some are common and exclusive to them, such as prosecuting and judging.{{sfn|Juarez de Oliveira|2003}}

{{Main|Public Prosecutor's Office (Brazil)}}

{{excerpt|Ministério Público (Brazil)|hat=no}}

Federal Prosecution Office (MPF) database, the Car Wash investigation resulted in 361 convictions at first instance and billions of dollars in fines and financial settlements with companies involved.[https://www.natlawreview.com/article/car-wash-no-more-enforcement-continues-outside-brazil-s-borders%3famp Car Wash” is no more but enforcement continues outside of Brazil's borders], National Law Review

{{Further interlanguage link|Public Defender's Office of Brazil|pt|Defensoria Pública do Brasil}}

{{Further|:pt:Defensoria Pública da União|:pt:Defensoria Pública do Estado}}

According to the {{ill|Principles of criminal law in Brazil|pt|Direito penal#Princípios do direito penal|v=sup}} in the Constitution, everyone has the right to a defense, and the state will provide one if the accused cannot afford one. The {{ill|Office of the Federal Public Defender|pt|Defensoria Pública da União|v=sup}} is the autonomous body that ensures this right.{{citation needed|date=April 2024}}

{{Main|Judicial police (Brazil)}}

{{excerpt|Judicial police|Brazil|paragraphs=1,2,6,7|hat=no}}

There are three national police forces in Brazil: the Federal Police, Federal Highway Police, and the National Force.

{{Main|Federal Police of Brazil}}

{{excerpt|Federal Police of Brazil|paragraphs=1,2|hat=no}}

{{Main|Military Police (Brazil)}}

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{{excerpt|Military Police (Brazil)|History|paragraphs=5-6|hat=no}}

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{{Main|National Public Security Force}}

{{excerpt|National Public Security Force|files=no|paragraphs=1,2|hat=no}}

{{Main|Brazilian Civil Police}}

{{excerpt|Brazilian Civil Police|paragraphs=2-4|hat=no}}

{{Further interlanguage link|Prison system in Brazil|pt|Sistema carcerário no Brasil}}

There are three types, or "regimes", of prisons in Brazil:

• closed regime – the most restrictive type of the three, it is for the most serious crimes (sentences over eight years) and includes confinement to a cell with limited or no access to outside opportunities, as in the more relaxed regimes.
• semi-open regime – offers some limited opportunities outside the prison, but requires the inmate to return to a dorm-like barracks every night.
• open regime – the least restrictive regime, more similar to work-release in that inmates may not have to be confined to a prison but have certain restrictions on their freedom such as reporting regularly to an officer of the court, attending required workshops, and not leaving their area of residence.{{sfn|Barnett|2023}}

Forced to provide their own mattresses, bedding, clothing and toiletries, many prisoners are dependent on the support of their families or others outside the prison. The struggle for space, and the authorities' failure to provide basic provisions in many facilities, leads to prisoner-on-prisoner exploitation, as prisoners who lack money and family support are victimized by others.{{sfn|HRW|1998}}

Brazilian prisoners face awful living conditions. Overcrowding is endemic, with many facilities holding two to five times as many prisoners as designed for.

Because of this, many sleep on the floor, or with no floor space, tie themselves to cell bars or hang in suspended hammocks. Prisoners are expected to provide their own clothing, mattresses, toiletries, and thus are dependent on outside support; this leads to contention and exploitation among the prisoners for scarce resources.{{sfn|HRW|1998}}

Prisons come in different sizes, with several having over 1,000 prisoners, though the Standard Minimum Rules recommend that prisons hold no more than 500 inmates.The Carandiru prison complex in São Paulo, Latin America's largest, the Casa de Detenção, which held 6,508 when Human Rights Watch visited it in 1998. Most are much smaller, with several hundred inmates each. Most penal facilities are physically deteriorated, some severely.{{sfn|HRW|1998}}

Only China and the United States have larger person populations than Brazil. Its 811,000 inmates are a result of a 170% increase in incarceration between 2000 and 2015.{{sfn|Picanço|2019}}

[https://www.wilsoncenter.org/blog-post/brazils-mass-incarceration-policy-has-not-stopped-crime Brazil's Mass Incarceration Policy Has Not Stopped Crime], Lara Bartilotti Picanço, August 30, 2019, Brazil Institute, Wilson Center Massive overcrowding has resulted, in a prison system where conditions are deplorable by tradition.

Prison violence frequently spills over to the outside world.[https://www.bbc.com/news/world-latin-america-64985010 Gangs sow terror in Brazil cities for third night], Laura Gozzi, BBC News, 17 March 2023

{{Further interlanguage link|Criminal majority in Brazil|pt|Maioridade penal no Brasil}}

Youths are not punished under the penal code, but under the Brazilian Statute of the Child and Adolescent.{{cite journal|last=Zdun|first=Steffen|title=Violence in street culture: Cross-cultural comparison of youth groups and criminal gangs|journal=New Directions for Youth Development|year=2008|volume=2008|issue=119|pages=39–54|doi=10.1002/yd.272|pmid=18855319}}

While some politicians, notably Sergio Cabral, have argued for lowering the age of criminal responsibility from the current eighteen in a get-tough-on-crime measure, opponents have so far prevented this.

Criminal rehabilitation is provided for in article 94 of the Brazilian Penal Code, and plays a crucial role in the resocialization of ex-convicts.

Article 94 establishes that criminal rehabilitation is a right for convicts who have served their sentence and met certain legal requirements. According to the article, the purpose of the rehabilitation process is to declare the end of the criminal and social effects of conviction, enabling the ex-convict to regain their full civil and political rights.

By providing a return to civil and political rights, the process allows individuals to rebuild their lives in a dignified and productive way. The Brazilian legal system invests in rehabilitation programs, offering support and opportunities for ex-convicts to reintegrate into the community and contribute positively to society. Criminal rehabilitation is intended to represent a path towards justice, resocialization and the construction of a more inclusive and supportive society.{{sfn|Penteado|2023}}

There are many problems with rehabilitation, the most serious of which is overcrowding.{{sfn|Silva|2023}}

The penal code and the Code of criminal procedure are defined by legislation. The penal code defines what actions or omissions are crimes, and establishes punishments. The Code of criminal procedure defines procedural issues: the role of the police, prosecutors, and courts; who carries out criminal investigation and under what circumstances; formalities of arrest, rights of defendants, rules of evidence, trial procedure, judicial process and decisions, and the administration of sentences.{{citation needed|date=April 2024}}

{{main|Penal code of Brazil}}

{{Wikisource|pt|Código Penal Brasileiro|nocat=yes}}

{{excerpt|Penal code of Brazil|paragraphs=1|hat=no}}

{{excerpt|Penal code of Brazil|Current penal code|paragraphs=2-3|hat=no}}

{{further interlanguage link|Brazilian Code of Criminal Procedure|pt|Código de Processo Penal brasileiro}}

The {{ill|Brazilian Code of Criminal Procedure|pt|Código de Processo Penal brasileiro|v=sup}} (CPP) governs Brazilian criminal proceedings. The National Congress legislates on criminal procedure. Its purpose is to organize the system of criminal justice originating in the penal Code of Brazil and other miscellaneous legislation.{{cite book |language=fr |title=Processo Penal Esquematizado |trans-title=Outline of Criminal Procedure |last=Avena |first=Norberto C. |publisher=Método |date=2014 |location=São Paulo |page=1 |chapter=1.1 Introdução ao Processo Penal [Introduction to Criminal Procedure |access-date= }}

The current code was written by Francisco Campos and instituted by Decree-law No. 3,689 of 1941, by then President Getúlio Vargas, with 811 articles. It went into effect 1 January 1942.

{{update|section|date=September 2024}}

The current Code of Criminal Procedure, in force since the Third Brazilian Republic ({{lang|pt|Estado Novo}}) period, and the 1988 Brazilian Constitution. Some legislative changes were made in 2008, but the Senate, dissatisfied, established a committee to develop a new Code, whose draft was delivered on 22 April 2009.{{sfn|Juristas|2009}}

The Comissão parlamentar de inquérito, (Parliamentary investigative commission), or parliamentary commission of inquiry. For example, "CPI da Petrobras" ("Petrobras CPI"). See #CPI da Petrobras.

{{Further|Drug trafficking in Brazil}}

{{Further|:pt:Lei de Drogas|:pt:Guerra às drogas no Brasil}}

{{excerpt|Crime in Brazil|paragraphs=2|files=no|hat=no|templates=-Proofreader needed}}

{{further interlanguage link|Organized crime in Brazil|pt|Crime organizado}}

{{further|List of criminal gangs in Brazil}}

In June 2023, a former senior police chief in the Amazon warned that organized crime groups in the Amazon were heavily armed and growing rapidly, and warned of dire consequence for the entire area if they were allowed to grow into powerful armies as had occurred in Colombia.{{sfn|Phillips|Watts|2023}}

Prison gangs based in three major cities have expanded beyond prison walls and become nationwide criminal enterprises. In São Paulo, the First Capital Command ({{lang|pt|Primeiro Comando da Capital}}, PCC) and Rio de Janeiro's Red Command ({{lang|pt|Comando Vermelho}}, CV) have expanded throughout the country. The Northern Family ({{lang|pt|Família do Norte}}, FDN) is active in northern states and some neighboring countries, and controls the lucrative drug trading route through the Amazon.{{sfn|Gimenez Stahlberg|2021|p=ii}}

{{further interlanguage link|Cybercrime in Brazil|pt|Crime_informático}}

{{further interlanguage link|Estelionato|pt|Estelionato}}

{{see also|Glossary of Brazil investigative terms#Estelionato}}

{{lang|pt|Estelionato}} ("confidence game") is the crime of obtaining for oneself or someone else an unlawful advantage (vantagem indevida) to the detriment of others, by misleading someone by deception or any other fraudulent means. One of several crimes that are considered a "Crime contra o patrimônio". See Penal code, and Article 171. (Estelionato has a secondary meaning of "phishing" in the context of e-mail spam.){{Cite web|url=https://www.zdnet.com/article/brazil-approves-stricter-legislation-to-tackle-online-crime/|title=Brazil approves stricter legislation to tackle online crime|website=ZDNET}}

{{further|:pt:Código de Processo Penal brasileiro|:pt:Direito processual penal}}

A newly adopted law introduced 'rewarded collaboration' (colaboração premiada){{efn|name="Col-prem"}}{{efn |name="Del-prem"}} a type of plea bargaining involving sentence reductions for defendants who cooperate in investigations. Costa's deposition showed which political parties controlled Petrobras.Arruda de Almeida, M., & Zagaris, B. (2015). Political Capture in the Petrobus Corruption Scandal: The Sad Tale of an Oil Giant. Fletcher F. World Aff., 39, 87.

{{further interlanguage link|Preventive detention in Brazil|pt|Prisão preventiva}}

{{see also|Glossary of Brazil investigative terms#Prisão temporária}}

{{hatnote|Translation note: the term {{lang|pt|prisão}} not only denotes the related concepts of jail, prison, or imprisonment, but also means "arrest".}}

{{lang|pt|Prisão preventiva}} ({{gloss|preventive detention}}) is a pre-trial, preventive detention defined by CPP §311–316. pre-trial remand.

It is a type of preventive detention, which may be used in the investigation of a serious crime. A 1989 law replaced the former {{lang|pt|prisão por averiguação}} (investigatory detention) which was found to be contrary to fundamental rights defined in the 1988 Constitution. Only used in certain high crimes where the subject might impede the investigation if not detained, or where they have no fixed address or their identity cannot be established.{{citation needed|date=April 2024}}

It is a preventive measure declared by a judicial authority, and the maximum measure that someone suspected but not convicted of a crime is subject to. The measure is taken only when strictly necessary, in order to prevent an accused from committing additional crimes or to prejudice a case in progress (destruction of evidence, intimidation of witnesses, etc.). It can be declared in any phase of the process, from the initial police investigation phase, or the trial investigation (see law 12.403/2011).{{citation needed|date=April 2024}}

Pre-trial detainees make up nearly 40 percent of the prisoners in Brazilian prisons.{{sfn|Picanço|2019}} Less than half of these prisoners are eventually convicted.{{sfn|Gardiner|2020}}

Because the public defender system is chronically understaffed, 40 percent of prisoners in Brazil are detainees awaiting trial or sentencing. This is exacerbated by the tendency of judges not to apply available alternatives for non-violent crimes. In the state of Amazonas, the percentage of inmates in pre-trial detention is above 70 percent. This results in many detainees awaiting trial are held in the same facilities as convicted prisoners.{{sfn|Picanço|2019}}

A visit by Human Rights Watch to a prison in the northeastern state of Maranhão found that many prisoners wait months to see a judge. During that time, they face intense pressure to join one of the violent prison gangs for their own safety. The understaffed and underfunded prisons leave new inmates at the mercy of the system, and make the prisons into a recruiting system for the criminal gangs already operating within the prisons.{{sfn|InsightCrime|2023}}

Preliminary investigations are carried out by the police forces of the State ({{lang|pt|polícias estaduais}}) under the State Public Attorney {{lang|pt|Ministério Público Estadual)}}, and by the federal police ({{lang|pt|polícia federal}}) of the Union ({{lang|pt|União}}) under the Federal Public Attorney ({{lang|pt|Ministério Público da União}}). These responsibilities are defined in Article 144 of the Constitution.{{sfn|Altieri|2011|p=217}}

The police investigation ({{lang|pt|inquérito policial}}) is considered to be an administrative procedure intended to establish what offense has been committed, and who committed, as a basis for possible future prosecution. The investigation can be initiated by the victim, by police authorities who become aware of an offense, or by government representatives such as the State or Federal Public Prosecutor's Office, or by judges. The actual inquiry procedure is not specified by law, other than the goal to clarify the facts so that they may be handed off to the next stage of the process and is at the discretion of police authorities.{{sfn|Altieri|2011|p=217}}

Both the victim and the accused have rights during the investigation, including the right to request investigation of anything that will help bring out the facts of the case (per Article 14 of the {{ill|Brazilian Code of Criminal Procedure|pt|Código de Processo Penal brasileiro|lt=Code of Criminal Procedure|v=sup}}) and to request seizure of assets of the accused to insure payment of any damages accorded to the victim (per Article 125).{{sfn|Altieri|2011|p=217}}

When all the facts of the case have been gathered by the investigation, the police prepare a report ({{lang|pt|inquérito}}) which is handed over to the {{lang|pt|Delegado}}, who is a member of the police force whose role combines aspects of that of a sheriff and a crown prosecutor. The {{lang|pt|Delegado}} receives the report, and in the next phase of the process will examine it and decide whether or not to proceed with a prosecution based on the facts of the case.{{sfn|Altieri|2011|p=217–218}}

{{expand section|find=Brasil|find2=sistema acusatório|small=no|date=September 2024}}

Brazil has adopted the adversarial system as its legal system. It is also known as the accusatorial system ({{langx|pt-BR|sistema acusatorio}}{{hairspace}}) because there is a clear separation between the accusatory function of the Public Prosecutor's Office ({{lang|pt|Ministério Público}}{{hairspace}}) in prosecuting and judging crimes. This is one of three systems of criminal procedure, the others being the inquisitorial system, and the hybrid system ({{lang|pt-BR|sistema misto}}{{hairspace}}). In the adversarial system, the functions of prosecution, defense, and judgment are carried out by different individuals or teams. The principle of {{lang|pt|contraditório e ampla defesa}} (audi alteram partem) meaning both sides get to present and challenge evidence, goes back to the Magna Carta and is very important in this system and is grounded in Article 5, section LV of the Constitution.{{sfn|Dias|2023}}{{sfn|Araujo Reis|2023|p=PT30}} Because the prosecution has the initiative in beginning the proceedings in the adversarial system, the defense has the right to be heard last. Provision of evidence is the responsibility of both parties.{{sfn|Araujo Reis|2023|p=PT31}}

There has been some debate about whether Brazil uses the adversarial system or a hybrid system ({{lang|pt|sistema misto}}{{hairspace}}) consisting of a mix of features from both the adversarial and inquisitorial systems. Those claiming the latter say that there are some features of the inquisitorial system either during the initial investigation{{sfn|Borges|2014|p=64}} or because of special circumstances whereby the judge may furnish evidence (per articles 156, 212, and 404 of the CPP), or call witnesses ({{lang|pt|testemunhas do juiz}}{{hairspace}}).{{sfn|Araujo Reis|2023|p=PT31}} Another argument states that since the adversarial system in Brazil dates to 1941, thus falling under the Constitution of 1937, at the time criminal procedure had a clear, inquisitorial aspect that has held over in part. Some say that given the guarantees in the 1988 Constitution and later laws such as Law 13.964/2019 it's clear that system now tends more towards the adversarial system, and most others say given constitutional guarantees and the CPP limiting the state in criminal matters, there is no longer any doubt that Brazil is currently under the adversarial system.{{sfn|da Cruz Paulino|2023|p=310–311}}{{sfn|Dias|2023}}

{{further|pt:Ministério Público no Brasil}}

{{excerpt|Public Prosecutor's Office (Brazil)|files=Paláciodoministério-público.jpg|paragraphs=2-3,5|hat=no}}

{{Further interlanguage link|Expert witness in Brazil|pt|Perito criminal}}

In Brazil, an expert criminal witness ({{lang|pt|perito criminal}}) is a public servant, police officer or not, who may play a legal role in a criminal trial. Specialized in finding or providing technical or expert evidence through scientific analysis of traces left behind in the commission of a crime. Crime scene experts analyze crime scenes, identifying, recording, collecting, interpreting and storing evidence, and are responsible for establishing the dynamics and suspected perpetrators of crimes and providing the evidence that will be used during criminal proceedings.{{citation needed|date=July 2023}}

Brazil's colonial past as a plantation economy built on forced labor continues to permeate its society today and contributes to an otherization of

labour.[https://academic.oup.com/book/46569/chapter/40813358811 Coloniality and Structural Violence in the Criminalization of Black and Indigenous Populations in Brazil],

Hugo Leonardo Rodrigues Santos,

https://doi.org/10.1093/oso/9780192899002.003.001 Pages 201–C11P129

Published: June 2023

While a majority of the brazilian prison population is represented by a public defender, that institution has been called "incapable of making the justice system observe, in due course, the most ordinary rights of a convict."{{cite journal|title=The helpless defense: Notes on the role of Brazilian public defenders in sentence enforcement proceedings |last1=Godoi |first1=Rafael |journal= Crime, Law & Social Change |issn=0925-4994 |date=July 2023 | volume=79 |issue=5 |pages=581–602 |doi=10.1007/s10611-022-10056-9 }}

Drug cartels ship cocaine into Brazil in the poorly policed border area where Peru, Brazil, and Colombia meet. Expansion of coca cultivation on the Peruvian side since 2019 has resulted in increased criminal activity and violence, including murder, in the Tres Fronteras region. In 2022 a Peruvian police outpost was pillaged and burned, and the authorities in all three countries are overwhelmed and ill-equipped to fight the well-financed and well-armed drug cartels that effectively control this area of the Amazon, where 120 tons of cocaine are trafficked into Brazil yearly.{{sfn|Phillips|Collyns|2022}}

[https://www.jstor.org/stable/45290155 Political Capture in the Petrobras Corruption Scandal: The Sad Tale of an Oil Giant]

Monica Arruda de Almeida and Bruce Zagaris

The Fletcher Forum of World Affairs

Vol. 39, No. 2, Lights Out For Oil? The Climate After Paris (SUMMER 2015), pp. 87–99 (13 pages)

Published By: The Fletcher School of Law and Diplomacy

[https://www.jstor.org/stable/45290155 Political Capture in the Petrobras Corruption Scandal: The Sad Tale of an Oil Giant]

[https://books.google.com/books?id=1DhjDwAAQBAJ Media ] Leaks and Corruption in Brazil: The Infostorm of Impeachment and the Lava-Jato Scandal], Damgaard, Mads Bjelke, Taylor & Francis, 2018.

Caixa 2 slush fund (lit. "cashbox two") unrecorded funds typically used as a slush fund for bribery or money laundering.

Mass incarceration and overcrowding created a fertile ground for the spread of prison gangs and the related cocaine trade through the Amazon[https://www.ojp.gov/ncjrs/virtual-library/abstracts/organized-crime-brazilian-prisons-example-pcc Organized Crime in Brazilian Prisons: The Example of the PCC], Camila Nunes Dias and Fernando Salla, Journal International Journal of Criminology and Sociology Volume: 2, NCJ Number 245258, 2013 Pages: 397-408

"Brazil's prison violence is legendary" according to NPR. "The homicide rate for inmates is six times higher than the national average."[https://www.npr.org/2019/05/28/727667809/opinion-brazils-gruesome-prison-massacres-send-a-dire-message Opinion: Brazil's Prison Massacres Send A Dire Message], Robert Muggah, NPR, May 28, 2019 Only some prisoners are faced with it however, since those that meet certain criteria are guaranteed a secure cell of their own and sometimes even house arrest.[https://www.csmonitor.com/World/Americas/2020/0827/In-Brazil-s-prisons-inequality-isn-t-just-a-condition.-It-s-the-law In Brazil's prisons, inequality isn't just a condition. It's the law], Christian Science Monitor

Carandiru Penitentiary{{Cite news|url=https://www.nytimes.com/1992/10/04/world/111-killed-when-police-storm-brazilian-prison-during-inmate-riot.html|title=111 Killed When Police Storm Brazilian Prison During Inmate Riot|first=James|last=Brooke|work=The New York Times |date=October 4, 1992|via=NYTimes.com}}

[https://med.stanford.edu/news/all-news/2021/12/tuberculosis-brazil-prisons.html Tracking the spread of tuberculosis in Brazilian prisons] Tracking the spread of tuberculosis in Brazilian prisons: Stanford infectious disease expert Jason Andrews has spent years studying the spread of tuberculosis in crowded Brazilian prisons and surrounding communities — an overlooked global health crisis.

December 16, 2021 - By Krista Conger

two rival gangs of drug trafficking, the Primeiro Comando da Capital (PCC) and the Família do Norte (NDF) (allied to the Comando Vermelho (CV)) clashed in what was considered the most violent massacre in the history of the Brazilian prison system since the slaughter of Carandiru (1992).{{cite web|last1=McKirdy|first1=Euan|title=At least 56 killed in Brazil prison riot over drug turf, officials say|date=2 January 2017 |url=http://www.cnn.com/2017/01/02/americas/brazil-prison-riot/index.html|publisher=CNN|accessdate=3 January 2017}}{{cite web|last1=Cowie|first1=Sam|title=56 killed, many beheaded, in grisly Brazil prison riot|url=http://www.aljazeera.com/news/2017/01/60-killed-beheaded-grisly-brazil-prison-riot-170102185216472.html|publisher=Al Jazeera|accessdate=3 January 2017}}

Corruption is so prevalent in Brazil that it has developed a specialized vocabulary. For example the verb malufar, to steal public money is derived from a politician legendary for graft the verb malufar was created, meaning "to steal public money", was coined from the family name of Paulo Maluf, a long-time politician notorious both for his graft and his impunity.{{cite news|title=The lives of those whom Brazil made rich|url=https://www.economist.com/news/books-and-arts/21700363-lives-those-whom-brazil-made-rich-rich-upon-rich |newspaper=The Economist|date=10 June 2016 |access-date=10 June 2016}}

;Undue advantage

Illicit funds. The term undue advantage is a literal translation of {{lang|pt|vantagem indevida}}, from a type of corruption called {{lang|pt|Recebimento de vantagem indevida}}: literally, "Receipt of undue advantage" (or "improper gain", etc.) This is a form of corruption, either active ({{lang|pt|corrupção ativa}}) or passive ({{lang|pt|corrupção passiva}}) involving payment or receipt of improper advantage (economic or otherwise) or the promise of it, from someone in public office, or before or after their term of office if related to their function while in office. The term comes up in several places in the {{gli|CPP}}, including article 217 (regarding {{lang|pt|corrupção passiva}}), article 316 ({{lang|pt|concussão}}), article 333 ({{lang|pt|corrupção ativa}}), and others.{{cite web |language=pt |first=Evinis |last=Talon |title=A corrupção no Código Penal |trans-title=Corruption in the Penal Code |date=22 Nov 2016 |publisher= |url=https://evinistalon.jusbrasil.com.br/artigos/407272570/a-corrupcao-no-codigo-penal |website=Jusbrasil |accessdate=30 January 2020}}{{cite book| last1=Madeira Dezem |first1=Guilherme |last2=Junqueira |first2=Gustavo Octaviano Diniz |last3=Junqueira |first3=Patrícia |first4=Paulo Henrique |last4=Aranda Fuller |title=Prática Jurídica - Penal|url=https://books.google.com/books?id=u7fEDwAAQBAJ&pg=PT417|date=8 January 2020|publisher=Saraiva Educação S.A.|isbn=978-85-536-1610-7|page=417}}

{{expand section|find=Brasil|find2=morosidade processual|small=no|date=September 2024}}

{{further|:pt:Morosidade da justiça}}

"...members of Jair Bolsonaro's far-right government portrayed the crime as the fruit of a local conflict unconnected to the devastation inflicted on the Amazon by his anti-environmental policies and dismantling of Indigenous protections."[https://www.theguardian.com/environment/2023/jun/03/poaching-brazil-amazon-fishing-pirarucu-dom-phillips-bruno-pereira You're looking to die’: the Brazil river where illegal fishing threatens lives: Poaching of endangered species flourishes despite widespread outcry – but sustainable fishing could end the violence engulfing the trade], Tom Phillips, The Guardian,

Sat 3 Jun 2023

Source: [https://www.conjur.com.br/2020-set-15/tribuna-defensoria-mito-justica-penal-igualitaria-brasil O mito da justiça penal igualitária no Brasil]

{{Further|Human rights in Brazil}}

Constitutional and legislative reforms since the late 1980s have greatly strengthened the judicial system in Brazil, enabling successful prosecution of major corruption cases. The reforms chiefly responsible for this new power in the judiciary include the introduction of plea bargaining, creation of new institutions with oversight power over the judiciary and the Public Prosecutor's Office; competitive, merit-based selection of judges and prosecutors; greater autonomy for the Federal Public Ministry and the Federal Police, and greater access to public office for citizens.{{sfn|Lorenzon|2017}}

Some of these reforms are incorporated in the 1988 Brazilian Constitution and some stem from legislative initiatives. These have led to huge improvements in the efficiency of the system, especially since the 1990s, and have enabled very major criminal investigations to take place, such as Operation Car Wash which discovered widespread, major corruption and led to the levy of three billion dollars in fines against major corporations, and the arrest of hundreds of people, including numerous politicians up to the highest levels, including governors, senators, and two presidents, in the largest scandal in the country's history, which received worldwide attention.{{sfn|Lorenzon|2017}}

Acordo de leniência is a leniency agreement between a company and legal authorities. A company enters into this type of agreement in order to reduce their exposure to fines for criminal activity in exchange for something; typically an agreement to assist in investigations. It is part of the Anti-Corruption Act (also known as the Clean Company act), a law enacted in 2014 targeting corrupt practices in Brazil. It defines civil and administrative penalties, as well as the possibility of reductions in penalties for cooperation with law enforcement under a written leniency agreement.

Chapter 5 of the Anti-Corruption Act provides the legal underpinning for companies to enter into leniency agreements with the authorities. It is similar to delação premiada in its plea bargaining aspect, except that a leniency accord deals with a company's assets not its employees (as seen with the Odebrecht leniency agreement).

Anderson Torres

Extradition can be requested both for the purpose of investigating or prosecuting a criminal case to which the person being extradited is subject (investigative extradition) and for the purpose of carrying out a sentence already imposed (executory extradition). Extradition requires a pre-trial detention order or a definitive sentence involving deprivation of liberty and must be requested by the Judiciary.{{sfn|MJSP|2023}}

Active extradition is when the Brazilian government requests the extradition of a fugitive from Brazilian justice to another country, and passive extradition, when another country requests the extradition of a fugitive in Brazilian territory. A request for extradition is not limited to countries with which Brazil has an extradition treaty. It can be requested by any country and for any country. Where there is no treaty, the request must be accompanied by documents as provided for by the law.{{sfn|MJSP|2023}}

The authority for carrying out measures of extradition and transferring convicted persons is in the Department of Asset Recovery and International Legal Cooperation of the National Secretariat of Justice of the Ministry of Justice and Public Security ({{lang|pt|Departamento de Recuperação de Ativos e Cooperação Jurídica Internacional da Secretaria Nacional de Justiça do Ministério da Justiça e Segurança Pública}}) (DRCI/Senajus), the Brazilian Central Authority for international legal cooperation.{{sfn|MJSP|2023}}

Article 5 of the Constitution prohibits the extradition of native-born Brazilians, but makes an exception for naturalized citizens. Nevertheless, this does not imply impunity for Brazilians who have committed crimes abroad. Brazilian law provides for international cooperation where the country where the crime was committed can ask the Brazilian authorities for legal cooperation for criminal prosecution in Brazil, according to Brazilian law. Proceedings can be opened in Brazil and the individual tried locally as if they had committed the crime in Brazil.{{sfn|JusBrasil|2023}}

The United States has an extradition treaty with Brazil passed in 1961.[https://www.congress.gov/treaty-document/105th-congress/42&ved=2ahUKEwiKgpiv6Pb_AhXCC0QIHfsUDTYQFnoECCUQAQ&usg=AOvVaw25HPrqkfpPZ0xqxpaW-Her 1961 extradition treaty w/ US]

Brazil was involved in a US–Russia extradition fight involving Wall Street Journal reporter Evan Gershkovich who was detained in Russia as an alleged spy.[https://www.wsj.com/articles/brazil-ensnared-in-u-s-russia-extradition-fight-over-alleged-spy-266adcd5 Brazil Ensnared in U.S.-Russia Extradition Fight Over Alleged Spy Outcome of dueling requests could shape a prisoner-swap deal to free WSJ reporter Evan Gershkovich],

Luciana Magalhaes and Louise Radnofsky, WallStreet Journal, May 28, 2023[https://www.aljazeera.com/news/2023/1/13/brazil-prepares-to-seek-extradition-of-bolsonaro-ally-from-us Brazil prepares to seek extradition of Bolsonaro ally from US Brazil's Supreme Court has ordered the arrest of Bolsonaro's Justice Minister Anderson Torres, who remains in Florida.] al-Jazeera 13 Jan 2023

As a result of the 2023 Brazilian Congress attack Brazil's Electoral Court system has barred Jair Bolsonaro from again becoming president until at least 2030.{{cite news |date=30 June 2023 |title=Brazil Bars Bolsonaro From Office for Election-Fraud Claims |url=https://www.nytimes.com/2023/06/30/world/americas/bolsonaro-brazil-banned-office.html |access-date=30 June 2023 |work=The New York Times}}{{cite news |date=30 June 2023 |title=Brazil's Jair Bolsonaro is barred from running for office until 2030 |url=https://english.elpais.com/international/2023-06-30/brazils-jair-bolsonaro-is-barred-from-running-for-office-until-2030.html |access-date=30 June 2023 |work=El País}}

Impeachment of Dilma Rousseff

[https://www.lemonde.fr/en/international/article/2023/06/01/brazil-former-president-sentenced-to-nearly-9-years-in-jail-for-corruption_6028672_4.html Brazil former president sentenced to nearly 9 years in jail for corruption], AFP, Le Monde, Le Monde with AFP, June 1, 2023

{{Main|Operation Car Wash}}

Operation Car Wash ({{lang|pt|Operação Lava Jato}}) was a vast, multi-year investigation (2014–2022) which uncovered a massive corruption scheme in the Brazilian federal government, particularly in state-owned enterprises such as oil giant Petrobras, and conglomerates like Odebrecht. The investigation was conducted through a joint task force of agents in the federal police and other agencies, and evidence was collected and presented to the courts by a teamled by Deltan Dallagnol, to lead judge Sergio Moro who was in charge of the operation. This spread from federal prosecutors and judges to related cases under their jurisdictions in various Brazilian states. The operation implicated leading businessmen, federal congressmen, senators, state governors, federal government ministers, three former presidents, and numerous foreign countries. Companies and individuals accused of involvement agreed to pay 25 billion reais (${{To USD round|25|BRA|year=2018}} billion USD) in fines and restitution of embezzled public funds.{{sfn|Marques|2022}}

According to investigators, political appointees in state-owned enterprises systematically extorted bribes from private-sector suppliers. Part of these bribes was channeled to political parties{{sfn|Schreiber|2022}} in order to illegally fund political campaigns as well as for personal gain.{{sfn|Jones de Souza|2015}} The largest amounts of bribes were detected in oil giant Petrobras; company directors negotiated with contractors to receive illegal kickbacks ranging from 1% to 5% of disbursements.{{sfn|MPF|2023}}

{{Main|Murder of Bruno Pereira and Dom Phillips}}

British reporter Dom Phillips and Bruno Pereira disappeared in 2022 in the Javari Valley region of the Amazon, a remote area known for its lawlessness.{{sfn|Akbarzai|2023}}{{sfn|Savarese|Masionnave|2022}}

{{Main|Homicide at the Brazilian Senate}}

{{excerpt|Homicide at the Brazilian Senate|hat=no|references=no|inline=yes}}{{sfn|Casarin|2019}}

{{Main|2023 Brazilian Congress attack}}

{{excerpt|2023 Brazilian Congress attack|paragraphs=1|hat=no|references=no|lists=no|templates=-cite web,cite news|inline=yes}}

{{Main|Assassination of Marielle Franco}}

Marielle Franco was a Brazilian politician, feminist, and human rights activist.{{sfn|Ruiz|2018}} Franco served as a city councillor of the Municipal Chamber of Rio de Janeiro for the Socialism and Liberty Party (PSOL) from January 2017 until her assassination on March 14, 2018, in Estácio, Rio de Janeiro. The assassins were in a car that pulled up alongside the Rio de Janeiro councilwoman's car and fired several shots, which also killed the driver. An investigation conducted by the authorities pointed to political motivations.{{sfn|Saraiva|2018}}

Franco had been an outspoken critic of police brutality and extrajudicial killings,{{sfn|Amensty|2018}} as well as the February 2018 federal intervention by Brazilian president Michel Temer in the state of Rio de Janeiro which resulted in the deployment of the army in police operations.{{sfn|BBC|2018}}

{{See also|Abortion in Brazil#Anencephaly exception}}

ADI 3510: In 2008, the STF declared embryonic stem cell research legal.

{{excerpt|Abortion in Brazil|Anencephaly exception|paragraphs=3|hat=no}}

In ADPF 54, the STF ruled that it did not violate the constitutional right to life. This decision was significant in shaping discussions on reproductive rights in Brazil.{{Cite web|url=https://www.slaw.ca/2012/05/14/tracking-down-the-brazilian-anencephalic-abortion-case-in-english/|title=Tracking Down the Brazilian Anencephalic Abortion Case, in English|first=Lyonette|last=Louis-Jacques|date=May 14, 2012}}

ADI 4277 and ADPF 132: In 2011, the STF ruled in favor of same-sex marriages.

In 2020, the STF made a historic ruling forcing the Bolsonaro government to protect indigenous communities from COVID.

ADPF 186 and ADI 3330 : In 2012, the STF recognized the constitutionality of affirmative action policies in higher education. The court upheld the use of racial quotas to promote diversity and address historical inequalities in ADPF 186 in April, and ADI 3330 in May of 2012.{{Cite web|url=https://www.equalrightstrust.org/news/brazils-supreme-court-upholds-use-affirmative-action-higher-education|title=Brazil's Supreme Court Upholds the Use of Affirmative Action in Higher Education|date=May 17, 2012|website=Equal Rights Trust}}

ADPF 187: In 2011, the STF ruled in favor of the right of people to protest in favor of the decriminalization of drugs.

Noting the reluctance of the Bolsonaro administration to investigate threats against the government, the Supreme court (STF) granted itself the power to do so.[https://www.nytimes.com/2022/09/26/world/americas/bolsonaro-brazil-supreme-court.html To Defend Democracy, Is Brazil's Top Court Going Too Far?: Brazil's Supreme Court has acted as the primary check on President Jair Bolsonaro's power. Now many are worried the court is posing its own threat] ack Nicas and André Spigariol, Jack Nicas and André Spigariol, New York Times, Sept. 26, 2022,

{{div col begin|colwidth=30em}}

• Attorney General of Brazil
• Brazilian Ministry of Justice
• Constitution of Brazil
• Coronelism
• Federal Police of Brazil
• Glossary of Brazil investigative terms
• Justice ministry
• Legitimate defense of honor
• List of federal institutions of Brazil
• List of Ministers of Justice of Brazil
• Ministry of Justice and Public Security (Brazil)
• Operation Car Wash
• Outsourcing law in Brazil
• Pacifying Police Unit
• Politics of Brazil
• Prosecutor General of Brazil
• Public Procuracy of Brazil
• Public Prosecutor's Office of Brazil
• 2023 Brazilian Congress attack

{{div col end}}

{{hatnote|The following links are from Portuguese Wikipedia:}}

{{div col|colwidth=14em}}

• Crime acessório
• Crime à distância
• Crime ambiental
• Crime autônomo
• Crime comissivo
• Crime complexo
• Crime comum
• Crime consumado
• Crime continuado
• Crime contra a humanidade
• Crime culposo
• Crime de dano
• Crime de fato permanente
• Crime de guerra
• Crime de lesa-majestade
• Crime de mão própria
• Crime de responsabilidade
• Crime doloso
• Crime eleitoral
• Crime formal
• Crime funcional
• Crime habitual
• Crime hediondo
• Crime impossível
• Crime instantâneo
• Crime material
• Crime organizado
• Crime passional
• Crime perfeito
• Crime permanente
• Crime plurissubsistente
• Crime político
• Crime preterdoloso
• Crime preterintencional
• Crime próprio
• Crime provocado
• Crime putativo
• Crime qualificado
• Crime sexual
• Crime simples
• Crime tentado
• Crime unissubsistente
• Crime vago
• Criminoso
• Delinquência

{{div col end}}

Notes

{{Notelist |refs=

{{efn |name="Col-prem" |Colaboração premiada{{snd}} literally, "rewarded collaboration"; the common name for the legal process known as {{lang|pt|delação premiada}}.}}

{{efn |name="Del-prem" |{{lang|pt|Delação premiada}}{{snd}}"rewarded whistleblowing" (or, "informing"). A legal process by which a suspect is offered a specific reduced sentence prescribed by law, in return for turning in accomplices, or aiding in investigations. The common name for it in Brazil is colaboração premiada ("rewarded collaboration"). The concept is similar to a plea bargain, in return for investigative assistance.}}

{{efn|name="Mendez tipo"|Tipo: "'Tipo', como a própria denominação nos está a induzir, é o modelo, o padrão de conduta que o Estado, por meio de seu único instrumento, a lei, visa impedir que seja praticada, ou determina que seja levada a efeito por todos nós. A palavra tipo, na lição de Cirilo de Vargas, 'constitui uma tradução livre do vocábulo Tatbestand, empregada no texto do art. 59 do Código Penal alemão de 1871, e provinha da expressão latina corpus delicti. O tipo, portanto, é a descrição precisa do comportamento humano, feita pela lei penal.{{'"}} ({{sfnlink|Mendez|2010|loc=Tipo penal}}){{br}}

"Tipo, as the name itself suggests, is the model, the pattern of conduct that the State, through its only instrument, the law, aims to prevent from being practiced, or determines that it be carried out by all of us. The word tipo, in the words of Cirilo de Vargas, 'is a free translation of the word Tatbestand, used in the text of article 59 of the German Penal Code of 1871 (:en:Strafgesetzbuch, :de:Reichsstrafgesetzbuch, :de:s:Strafgesetzbuch für das Deutsche Reich (1871)#§. 59., and came from the Latin expression corpus delicti. The tipo, therefore, is the precise description of human behavior, as made by the criminal law.{{'"}}}}

}}

{{Notelist}}

Citations

{{Reflist}}

• {{cite news |last=Akbarzai |first=Sahar |date=5 June 2023 |title=Alleged 'mastermind' named in deaths of British journalist Dom Phillips and indigenous expert Bruno Pereira |website=CNN |url=https://www.cnn.com/2023/06/05/americas/dom-phillips-death-brazil-suspects-intl-latam/index.html |access-date=15 April 2023}}
• {{cite book |last=Altieri de Moraes Pitombo |first=Antonio Sérgio |title=Introduction to Brazilian Law |chapter=Criminal Law and Procedure |date=2011|editor1-last=Deffenti |editor1-first=Fabiano |editor2-last=Barral |editor2-first=Welber |edition=1st |publisher=Wolters Kluwel |location=Alphen aan den Rijn, The Netherlands |isbn=978-90-411-2506-4 |oclc=463642938 |ref={{harvid|Altieri|2011}} }} (second edition {{sfnlink|Deffenti|Barral|2016|text=below}})
• {{Cite web |title=Brazil: Authorities must investigate the killing of human rights defender Marielle Franco |date=15 March 2018 |website=Amnesty International |archive-url=https://web.archive.org/web/20180408095951/https://www.vogue.com/article/marielle-franco-protested-police-violence-assassination |archive-date=8 April 2018 |url-status=live |url=https://www.amnesty.org/en/latest/news/2018/03/brazil-authorities-must-investigate-the-killing-of-human-rights-defender-marielle-franco/ |access-date= |ref={{harvid|Amensty|2018}} }}
• {{cite book |language=pt-BR |last1=Araujo Reis |first1=Alexandre Cebrian |last2=Rios Goncalves |first2=Victor Eduardo |date=24 February 2023 |title=Direito Processual Penal Esquematizado |trans-title=Criminal Procedure Law Schematized |edition=12 |publisher=Saraiva Educação |isbn=9786553626638 |url=https://books.google.com/books?id=XhqwEAAAQBAJ&pg=PT30 |ref={{harvid|Araujo Reis|2023}} }}
• {{cite web |language=pt-BR |last=Barnett|first=Greg |date=27 June 2023 |title=Brazil's Three Types of Prison Regimes |website= |publisher=Brazil Counsel |url=https://www.brazilcounsel.com/blog/brazils-three-types-of-prison-regimes |access-date=15 April 2023}}
• {{Cite news |date=15 March 2018 |title=Brazil: Big rallies held after Rio politician is shot dead

|work=BBC News |url=https://www.bbc.co.uk/news/world-latin-america-43414527 |url-status=live |archive-url=https://web.archive.org/web/20180408122838/http://www.bbc.co.uk/news/world-latin-america-43414527 |archive-date=8 April 2018 |quote=She and her driver, Anderson Pedro Gomes, were both killed, and her press officer, who was sitting in the back seat of the car, was injured. ... She was shot four times in the head, and three bullets hit Mr Gomes. ... Ms Franco, who grew up in Mare, a favela complex in the north of the city, has been an outspoken critic of the move to deploy the army and the federal police force. |access-date=15 March 2018 |ref={{harvid|BBC|2018}} }}

• {{cite web |last=Borges de Mendonça |first=Andrey |date=2014 |title=The Criminal Justice System in Brazil: A Brief Account |series=Resource Material Series no.92 |pages=63–70 |url=https://www.academia.edu/40023947/The_Criminal_Justice_System_in_Brazil_A_brief_account |ref={{harvid|Borges|2014}} }}
• {{Cite web |language=pt-br |last=Casarin |first=Rodrigo |date=4 December 2019 |title=Há 56 anos, o pai de Fernando Collor matava um senador dentro do Congresso |trans-title=56 years ago, Fernando Collor's father killed a senator inside Congress |access-date=2021-10-09 |website=Aventuras na História |publisher=Grupo Perfil |url=https://aventurasnahistoria.uol.com.br/noticias/reportagem/historia-arnon-de-mello-morte-senado.phtml}}
• {{cite web |language=pt-BR |author=CNJ |title=O que é o CNJ |trans-title=What is the CNJ? |publisher=Conselho Nacional de Justiça |year=2006 |url=http://www.cnj.gov.br/index.php?option=com_content&task=view&id=31&Itemid=215 |access-date=2008-04-29 |archive-url=https://web.archive.org/web/20080401232031/http://www.cnj.gov.br/index.php?option=com_content&task=view&id=31&Itemid=215 |archive-date=2008-04-01}}
• {{cite book |language=pt-BR |last1=da Cruz Paulino |first1=Galtiênio |last2=Santos Schoucair |first2=João Paulo |last3=Ballan Junior |first3=Octahydes |date=2023 |title=Sistema Acusatório nos 35 Anos da CF/88 |trans-title=The Adversarial System in the 35 Years of the Federal Constition of 1988 |publisher=Thoth |location=Londrina, Paraná |isbn=9786559596140 |url=https://books.google.com/books?id=QdzeEAAAQBAJ |ref={{harvid|da Cruz Paulino|2023}} }}

• {{cite book |title=Introduction to Brazilian Law |date=15 November 2016 |editor1-last=Deffenti |editor1-first=Fabiano |editor2-last=Barral |editor2-first=Welber |edition=2nd |orig-date=1st pub. 2011 |chapter=Brazil in colonial times |publisher=Wolters Kluwel |location=Alphen aan den Rijn, The Netherlands |isbn=978-9041-16785-9 |oclc=972639824 |url=https://books.google.com/books?id=JoyWDwAAQBAJ}} (1st edition {{sfnlink|Altieri|2011|text=above}})
• {{citec |last1=Campilongo |first1=Celso |year=2016 |c=Brazil in colonial times |in1=Deffenti |in2=Barral |p= |url=https://books.google.com/books?id=JoyWDwAAQBAJ&pg=PT32}}
• {{cite web |language=pt-BR |last1=Deodoro da Fonseca |first1=Manoel |author-link=Deodoro da Fonseca |date=11 October 1890 |title=Legislação Informatizada - DECRETO Nº 847, DE 11 DE OUTUBRO DE 1890 |trans-title=Computerized Legislation - DECREE No. 847 OF OCTOBER 11, 1890 |publisher=Câmara dos Deputados |location=Brasília |archive-url= |archive-date= |access-date=10 May 2024 |url=https://www2.camara.leg.br/legin/fed/decret/1824-1899/decreto-847-11-outubro-1890-503086-publicacaooriginal-1-pe.html }}
• {{cite web |language=en |last1=Dias |first1=Rebeca |date=15 February 2020 |orig-date=1 November 2015 |title=Brazilian Criminological Thinking During the First Republic (1889-1930) |website=SSRN |publisher=Max Planck Institute for Legal History and Legal Theory |issn= 2699-0903 |location=Frankfurt am Main |series=research paper series |ssrn=2874851 |archive-url= |archive-date= |access-date=9 May 2024 |url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2874851 }}
• {{cite web |last=Dias |first=Marvyn |date=20 December 2023 |orig-date=2019 |title=O Brasil adota o sistema acusatório e não misto, no Processo Penal |trans-title=Brazil adopts the accusatory system, not the mixed system, in criminal procedure |url=https://www.jusbrasil.com.br/artigos/o-brasil-adota-o-sistema-acusatorio-e-nao-misto-no-processo-penal/744897831 |access-date=21 April 2024}}
• {{cite journal |last=Fletcher |first=George P. |authorlink=George P. Fletcher |date=2001 |title=Criminal Theory in the Twentieth Century |journal=Theoretical Inquiries in Law |issn=1565-3404 |volume=2 |publisher=Tel Aviv University |doi=10.2202/1565-3404.1023 |pages=265–286 |type=pdf

|url=https://scholarship.law.columbia.edu/faculty_scholarship/1058/?utm_source=scholarship.law.columbia.edu%2Ffaculty_scholarship%2F1058&utm_medium=PDF&utm_campaign=PDFCoverPages |url-access=subscription }}

• {{cite web |last=Gardiner |first=C.H. |date=27 August 2020 |title=In Brazil's prisons, inequality isn't just a condition. It's the law |website= |publisher=Christian Science Monitor |url=https://www.csmonitor.com/World/Americas/2020/0827/In-Brazil-s-prisons-inequality-isn-t-just-a-condition.-It-s-the-law |access-date=22 April 2024}}
• {{cite thesis |lang=en |journal= |last=Gimenez Stahlberg |first=Stephanie |date=28 October 2021 |title=The Dark Side of Competition: Organized Crime and Violence in Brazil |degree=PhD |docket=0000-0002-3739-0351 |format=pdf |publisher=Johns Hopkins University |series= ETD |page= |url=https://jscholarship.library.jhu.edu/handle/1774.2/66696 |access-date=14 April 2024}}
• {{cite web |date=1998 |title=HRW: Behind Bars in Brazil: Physical Conditions |website=HRW |url=https://www.hrw.org/legacy/reports98/brazil/Brazil-06.htm |ref={{harvid|HRW|1998}} }}
• {{cite web |date=24 November 2023 |title=Brazil Profile |website=Insight Crime |url=https://insightcrime.org/brazil-organized-crime-news/brazil-profile/ |access-date=20 April 2024 |ref={{harvid|InsightCrime|2023}} }}
• {{Cite report |lang=pt-BR |last1=Jones de Souza |first1=Audrey |last2=Borges Mendes |first2=Raphael |last3=Ribeiro Bastos |first3=Jefferson Braga |date=2015 |title=Official Car Wash Operation Financial Report |docket=2311/2015-SETEC/SR/DPF/PR |institution=Serviço Público Federal Mj - Departamento De Polícia Federal Superintendência Regional De Polícia Federal No Paraná Setor Técnico-científico [Federal Public Service Mj - Federal Police Department Federal Police Regional Superintendence in Paraná Technical-Scientific Sector] |url=https://politica.estadao.com.br/blogs/fausto-macedo/wp-content/uploads/sites/41/2015/11/182_LAU1.pdf |access-date=15 April 2024 |ref={{harvid|Jones de Souza|2015}} }}
• {{cite book |language=pt-BR |editor=Juarez de Oliveira |date=2003 |title=Justiça Militar e as peculiaridades do Juiz Militar na atuação jurisdicional {{!}} Autor(es): João Ronaldo Roth |trans-title=Military justice and the peculiarities of the military judge in his judicial work {{!}} Author(s): João Ronaldo Roth |url-status=dead |publisher=Juarez de Oliveira |type=book review |isbn=978-8574-53383-4 |oclc=255481444 |url=http://www.juarezdeoliveira.com.br/index.asp?secao=1&categoria=107&subcategoria=0&id=544 |archive-url=https://web.archive.org/web/20091015184718/http://www.juarezdeoliveira.com.br/index.asp?secao=1&categoria=107&subcategoria=0&id=544 |archive-date=15 October 2009}}
• {{cite report |lang=pt-BR |author=Comissão de Juristas |date=2009 |title=Anteprojeto de Reforma do Código de Processo Penal brasileiro |trans-title=Draft of the Reform of the Criminal Procedure Code |publisher=Senado Federal |location=Brasília |url=http://www.senado.gov.br/novocpp/pdf/anteprojeto.pdf |url-status=dead |archive-url=https://web.archive.org/web/20100215030519/http://www.senado.gov.br/novocpp/pdf/anteprojeto.pdf |archive-date=2010-02-15 |ref={{harvid|Juristas|2009}} }}
• {{cite web |language=pt-BR |author=JusBrasil |date=20 December 2023 |orig-date=2014 |title=A cooperação internacional e os brasileiros que cometem crimes no exterior |trans-title=International cooperation and Brazilians who commit crimes abroad |website=JusBrasil |url=https://www.jusbrasil.com.br/artigos/a-cooperacao-internacional-e-os-brasileiros-que-cometem-crimes-no-exterior/156274897}}
• {{Cite web |language=pt-BR |title=Lei nº 192, de 17 de Janeiro de 1936 |trans-title=Law 192 of 17 January 1936 |url=http://www2.camara.leg.br/legin/fed/lei/1930-1939/lei-192-17-janeiro-1936-501765-publicacaooriginal-1-pl.html |website=Câmara dos Deputados |access-date=15 April 2024 |publisher=Chamber of Deputies |ref={{harvid|Law 192|1936}} }}
• {{cite web |last=Lorenzon |first=Geanluca |title=Corruption and the Rule of Law: How Brazil Strengthened Its Legal System |date=20 November 2017 |publisher=Cato Institute |url=https://www.cato.org/policy-analysis/corruption-rule-law-how-brazil-strengthened-its-legal-system |access-date=8 July 2023}}
• {{Cite web |language=pt-BR |last=Marques |first=Hugo |date=4 April 2022 |title=A conta da corrupção: R$ 25 bilhões já retornaram aos cofres públicos |trans-title=The corruption bill: R$25 billion already returned to public coffers |website=Veja |publisher=Grupo Abril |url=https://veja.abril.com.br/politica/a-conta-da-corrupcao-r-25-bilhoes-ja-retornaram-aos-cofres-publicos/ |access-date=15 April 2024}}
• {{cite web |last=Yurksaityte Mendez |first=Silmara |date=2010-07-23 |orig-date=2006-09-23

|title=Tipicidade e Tipo Penal |website=Monografias Brasil Escola |location=Jardim Goias

|url=https://monografias.brasilescola.uol.com.br/direito/tipicidade-tipo-penal.htm |access-date=3 May 2024 |ref={{harvid|Mendez|2010}} }}

• {{cite web |language=pt-BR |author=Ministério da Justiça e Segurança Pública |date=21 August 2023 |orig-date=1st pub. 5 April 2016 |title=Extradição |trans-title=Extradition |website=Ministry of Justice and Public Security (Brazil) |url=https://www.gov.br/mj/pt-br/assuntos/sua-protecao/cooperacao-internacional/extradicao |access-date=15 April 2024 |ref={{harvid|MJSP|2023}} }}
• {{cite web |author=Ministério Publico Federal |date=24 November 2023 |title=Entenda o caso — Caso Lava Jato |trans-title=Understand the case - Lava Jato case |website=MPF |publisher=Ministério Publico |url=https://www.mpf.mp.br/grandes-casos/lava-jato/entenda-o-caso |url-access=registration |archive-url=https://web.archive.org/web/20231124233202/https://www.mpf.mp.br/grandes-casos/lava-jato/entenda-o-caso/ |archive-date=24 November 2023 |access-date=15 April 2023 |ref={{harvid|MPF|2023}} }}
• {{cite web |language=pt-BR |last=Penteado |first=Luís Filipe |date=24 October 2023 |title=A Reabilitação Criminal segundo o Artigo 94 do Código Penal: Um Caminho para a Ressocialização |trans-title=Criminal Rehabilitation under Article 94 of the Penal Code: A Path to Resocialization |website=Jusbrasil |url=https://www.jusbrasil.com.br/artigos/a-reabilitacao-criminal-segundo-o-artigo-94-do-codigo-penal-um-caminho-para-a-ressocializacao/1868115988 |access-date=15 April 2024}}
• {{cite web |language=en |last1=Phillips |first1=Tom |last2=Collyns |first2=Dan |date=16 June 2022 |title=Police losing narco war in deadly Amazon region where duo disappeared |website=The Guardian |url=https://www.theguardian.com/world/2022/jun/16/amazon-brazil-peru-narcos-drug-cartels-police |access-date=9 May 2024}}
• {{cite news |last1=Phillips |first1=Tom |last2=Watts |first2=Jonathan |date=1 June 2023 |title=Brazilian Amazon at risk of being taken over by mafia, ex-police chief warns |work=The Guardian |url=https://www.theguardian.com/environment/2023/jun/01/brazil-amazon-crime-dom-phillips-bruno-pereira |access-date=17 April 2024}}
• {{cite web |language=pt-BR |last=Bartilotti Picanço |first=Lara |date=30 August 2019 |title=Brazil's Mass Incarceration Policy Has Not Stopped Crime |publisher=Wilson Center |url=https://www.wilsoncenter.org/blog-post/brazils-mass-incarceration-policy-has-not-stopped-crime |access-date=22 April 2024 |ref={{harvid|Picanço|2019}} }}
• {{cite web |language=pt-BR |title=Princípio da anterioridade da lei penal |trans-title=The principle of anteriority of criminal law |publisher=Jus Brasil |date=16 April 2009 |url=https://jb.jusbrasil.com.br/definicoes/100001108/principio-da-anterioridade-da-lei-penal |url-status=dead |archive-url=https://web.archive.org/web/20211202071656/https://jb.jusbrasil.com.br/definicoes/100001108/principio-da-anterioridade-da-lei-penal |archive-date=2 December 2021 |access-date=14 April 2024 |ref={{harvid|Pr-Legality|2009}} }}
• {{cite web |last=Ruiz |first=Michelle |date=15 March 2018 |title=Brazilian Activist Marielle Franco, Who Protested Police Violence, Has Been Assassinated |website=Vogue |url=https://www.vogue.com/article/marielle-franco-protested-police-violence-assassination |url-status=live |archive-url=https://web.archive.org/web/20180408095951/https://www.vogue.com/article/marielle-franco-protested-police-violence-assassination |archive-date=8 April 2018 |access-date=15 April 2024}}
• {{Cite web |language=pt-BR |last=Saraiva |first=Jacqueline |date=15 March 2018 |title=Morte de vereadora e motorista no Rio: o que se sabe até agora |trans-title=Death of councilwoman and driver in Rio: what we know so far |work= Correio Braziliense |url=http://www.correiobraziliense.com.br/app/noticia/politica/2018/03/15/interna_politica,666341/morte-de-vereadora-e-motorista-no-rio-o-que-se-sabe-ate-agora.shtml |url-status=dead |archive-date=16 March 2018 |archive-url=https://web.archive.org/web/20180316001053/http://www.correiobraziliense.com.br/app/noticia/politica/2018/03/15/interna_politica,666341/morte-de-vereadora-e-motorista-no-rio-o-que-se-sabe-ate-agora.shtml |access-date=15 April 2024}}
• {{cite news |last1=Savarese |first1=Mauricio |last2=Masionnave |first2=Fabiano |date=8 June 2022 |title=EXPLAINER: Crime, impunity surge in Amazon's Javari Valley |website=AP |url=https://apnews.com/article/politics-peru-colombia-brazil-caribbean-f55866bb0a8f2ca362ad238110fc473c |access-date=15 April 2024}}
• {{Cite web |last=Schreiber |first=Mariana |date=23 September 2022 |title=Lava Jato atingiu partidos de forma proporcional, mas PT foi foco de Moro, aponta estudo |trans-title=Lava Jato affected parties proportionally, but PT was Moro's focus, study shows |website=BBC News |url=https://www.bbc.com/portuguese/brasil-62990375 |access-date=15 April 2024}}
• {{cite web |language=pt-BR |last=Silva |first=Walther Afonso |date=20 December 2023 |title=O sistema carcerário brasileiro: desafios e soluções para a reabilitação e ressocialização dos detentos |trans-title=The Brazilian prison system: challenges and solutions for the rehabilitation and resocialization of inmates |url=https://www.jusbrasil.com.br/artigos/o-sistema-carcerario-brasileiro-desafios-e-solucoes-para-a-reabilitacao-e-ressocializacao-dos-detentos/1748129079 |access-date=15 April 2024}}

• {{cite web |language=pt-BR |author=Conselho Nacional de Justiça |authorlink=National Council of Justice |title=Tribunais - Portal CNJ |trans-title=Courts - CNJ Portal |work=National Council of Justice |url=https://www.cnj.jus.br/poder-judiciario/tribunais/ |access-date=28 June 2023 |ref={{harvid|CNJ-courts}} }}
• {{cite web |language=pt-BR |author=DataSelf |date=8 January 2021 |title=Conheça as diferenças e funções dos tribunais brasileiros |trans-title=Know the differences and functions of the Brazilian courts |publisher=DataSelf |url=https://dataself.com.br/artigos/tribunais_brasileiros |access-date=28 June 2023 |ref={{harvid|DataSelf|2021b}} }}
• {{cite news |language=pt-BR |date=20 October 2010 |title=O Brasil tem 91 tribunais - Para Entender Direito |trans-title=Brazil has 91 courts - Understand the Law |newspaper=Folha de S. Paulo |publisher= |url=http://direito.folha.uol.com.br/blog/o-brasil-tem-91-tribunais |ref={{harvid|Folha-91courts|2010}} }}
• {{cite web |last=Goitom |first=Hanibal |date=November 13, 2014 |title=Brazil – Global Legal Collection Highlights {{!}} In Custodia Legis |publisher=Library of Congress |website=Law Librarians of Congress |issn=2691-6592 |url=https://blogs.loc.gov/law/2014/11/brazil-global-legal-collection-highlights/ }}
• Hamilton, Brian, et al. [https://books.google.com/books?id=sn2nxgEACAAJ Brazilian Political Corruption: An Analysis of the Cardoso-Lula-Rousseff Era - System of Patronage Dating Back to Colonial Brazil and Military Dictatorship with a Melting Pot of Political Parties.] N.p., Amazon Digital Services LLC - KDP Print US, 2018.
• {{cite journal |last1=Inciardi |first1=JA |last2=Surratt |first2=HL |title=Children in the streets of Brazil: drug use, crime, violence, and HIV risks |journal=Subst Use Misuse |date=June 1998 |volume=33 |issue=7 |pages=1461–1480 |doi=10.3109/10826089809069809 |pmid=9657412 |url=https://pubmed.ncbi.nlm.nih.gov/9657412/ }}
• {{cite encyclopedia |language=pt-BR |last1=Masson |first1=Cleber Rogerio |date=2017 |title=Dolo |encyclopedia=Enciclopédia jurídica da PUC-SP |editor-last1=Fernandes Campilongo |editor-first1=Celso |editor-last2=de Azevedo Gonzaga |editor-first2=Alvaro |editor-last3=Freire |editor-first3=André Luiz |publisher=Pontifícia Universidade Católica de São Paulo |location=São Paulo |edition=1 |volume=Direito Penal [Christiano Jorge Santos (vol. coord.)] |pages= |url=https://enciclopediajuridica.pucsp.br/verbete/423/edicao-1/dolo |access-date=30 April 2024 |ref={{harvid|PUCSP|2017}} }}
• Medina, Rubens, Author, and U.S.. Global Legal Research Directorate Law Library Of Congress. Discovery and perjury under Brazilian law. [Washington, D.C.: The Law Library of Congress, Global Legal Research Directorate, 1993] Pdf. Retrieved from the Library of Congress, .
• {{cite web |last1=Sirotti |first1=Raquel Razente |date=2024-03-28 |title=Within the law: criminal law and political repression in Brazil (1889–1930) |website= |publisher=Max Planck Institute for Legal History and Legal Theory |archive-url= |archive-date= |access-date=10 May 2024 |url=https://www.lhlt.mpg.de/1863488/02-sirotti-criminalizing-politics }}

{{Wikiversity|Comparative law and justice/Brazil}}

{{Portal bar|Brazil|Crime|Government|Law|Politics}}

• [https://portal.stf.jus.br/publicacaotematica/vertema.asp?lei=1324&1332 STF: Direito Penal e Processual Penal: Publicações Temáticas - Versão Integral], brief blurbs on dozens of criminal law topics, from the STF
• [http://www.mpf.mp.br/atuacao-tematica/sci/normas-e-legislacao/legislacao/legislacao-em-ingles-1 Legislação brasileira traduzida para o Inglês] {{Webarchive|url=https://web.archive.org/web/20190907030157/http://www.mpf.mp.br/atuacao-tematica/sci/normas-e-legislacao/legislacao/legislacao-em-ingles-1 |date=7 September 2019 }}{{snd}}official English translations of the Constitution, and dozens of other laws
• [http://www.planalto.gov.br/ccivil_03/Constituicao/Constituicao.htm Constituição Da República Federativa Do Brasil De 1988] {{in lang|pt}}
• [https://www.globalhealthrights.org/wp-content/uploads/2013/09/Brazil-constitution-English.pdf Constitution of the Federative Republic of Brazil] {{in lang|en}} pdf; 432 pages
• [http://direito.folha.uol.com.br/dicionaacuterio-juriacutedico.html Dicionário de termos jurídicos] – from Folha de S.Paulo

{{Brazilian criminal law}}

{{Brazil topics}}

{{Courts in Brazil}}

{{Law enforcement in Brazil}}

{{Judiciaries of South America}}

{{Organized crime groups in the Americas}}

{{Law}}

{{Authority control}}

Brazil

Category:Brazilian criminal law

Category:Law enforcement in Brazil

Category:Government agencies of Brazil