President Lula (PT) signed into law, with a partial veto, a bill that increases penalties for crimes such as theft, robbery, fraud, receiving stolen goods, and robbery resulting in death. The legislation also addresses cybercrimes, including internet scams, bank fraud, cell phone theft, and pet theft. In addition to expanding punishments for several offenses, Lula vetoed the section that would have raised the penalty for robbery involving violence and resulting in serious bodily injury from 7–18 years to 16–24 years in prison. The presidential veto will still need to be analyzed by senators and deputies in a joint session of the National Congress, which may decide whether to maintain or overturn the decision. The new law is part of the federal government’s broader effort to tighten criminal legislation amid growing public concern over urban violence, organized theft schemes, and digital fraud.
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Imprisonment in Cases of Theft
Under the new legislation, the general penalty for theft increases from one to four years of imprisonment to one to six years. If the crime is committed during nighttime hours, the punishment may be increased by half. In cases involving the theft of property that compromises the functioning of public agencies or essential public and private services — such as water distribution systems — the penalty will range from two to eight years in prison. The same punishment will apply to the theft of wires, cables, or equipment used for electricity supply, telecommunications, data transmission, railways, or metro systems. Theft committed through electronic fraud, including virtual scams, will also face harsher punishment, with penalties increasing from four to eight years to four to ten years of imprisonment.
Base Penalty for Robbery Also Increases
For the crime of robbery, the base prison sentence increases from four to ten years to six to ten years. Additional sentence increases of one-third to one-half may apply in situations involving the theft of devices such as cell phones, computers, notebooks, and tablets, or when firearms are used during the crime. In cases of robbery followed by murder, the prison sentence will now range from 24 to 30 years. Previously, the punishment ranged from 20 to 30 years. The tougher penalties reflect growing concern over violent robberies and organized criminal groups specializing in assaults targeting electronic devices and valuable belongings.
Purchase of Stolen Items
Buying stolen items may now result in prison sentences of up to six years. The crime of receiving stolen goods, which previously carried penalties ranging from one to four years, will now be punished with two to six years of imprisonment. In cases involving stolen livestock or meat products, the punishment increases from two to five years to three to eight years in prison. The same sentence range will apply to the receiving of stolen domestic animals. Authorities argue that tightening penalties for receiving stolen goods is essential to disrupting illegal resale markets that financially sustain theft and robbery networks.
Law Provides for Theft of Telephone Wires
The new legislation also toughens penalties for crimes involving the interruption of telephone, telegraph, or radiotelegraph services. The punishment, previously set at one to three years of imprisonment, will now range from two to four years. The sentence may be doubled if the offense occurs during a period of public calamity or involves the theft or destruction of equipment installed on telecommunications towers. The measure responds to the growing number of cable thefts affecting telecommunications, transportation systems, and public infrastructure in several Brazilian cities.
Electronic Fraud and Scams
Regarding fraud offenses, previously punishable by one to five years of imprisonment, the law creates the specific classification of “assignment of a dummy account,” defined as lending or renting a bank account — with or without payment — for the movement of funds linked to criminal activity. The legislation also establishes the classification of aggravated electronic fraud for scams involving the cloning of electronic devices such as cell phones and computers. In these cases, those convicted may face prison sentences ranging from four to eight years. The government argues that the new classifications aim to modernize criminal legislation in response to the rapid growth of digital fraud schemes and organized cybercrime networks.
Analysis:
The approval of tougher criminal penalties reflects a broader political and institutional response to the growing perception of insecurity in Brazil’s urban centers. Crimes such as cell phone theft, organized robbery, and digital fraud have become increasingly sophisticated and financially connected to larger criminal networks. By increasing penalties not only for direct perpetrators but also for those involved in receiving stolen goods and facilitating financial fraud, the government is attempting to target the entire economic chain that sustains these crimes. This approach recognizes that urban crime today operates through interconnected structures involving street-level offenders, illegal resale markets, digital fraud schemes, and organized criminal groups capable of monetizing stolen devices and personal data on a large scale. The emphasis on crimes involving electronic devices and cyber fraud also demonstrates how criminal dynamics in Brazil have evolved alongside technological changes. Stolen smartphones are no longer valuable solely because of the physical device itself but because they provide access to banking applications, personal information, and financial systems that can be exploited within minutes.
From a security perspective, however, tougher legislation alone is unlikely to produce significant reductions in crime without parallel improvements in investigation capacity, intelligence operations, and judicial efficiency. Brazil has historically experienced cycles in which penalties are increased while structural problems related to low clearance rates and the functioning of criminal markets remain unresolved.
