Atlas · Compliance
Minimum and maximum limit of the penalty of imprisonment applicable to the crime of breach of confidentiality outside authorized hypotheses
AnswerThe penalty of imprisonment is one to four years, plus a fine, applicable to the crime of breach of confidentiality outside the hypotheses authorized according to Complementary Law No. 105/2001.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Conduct | Penalty of imprisonment | Fine | Source | Date of data |
|---|---|---|---|---|
| Breach of confidentiality outside authorized hypotheses | One to four years | Yes | Complementary Law No. 105/2001, art. 10, caput | 10/01/2001 |
| Omit, unjustifiably delay, or falsely provide requested information | One to four years | Yes | Complementary Law No. 105/2001, art. 10, sole paragraph | 10/01/2001 |
Data consulted on 02/10/2026.
Basis
- Complementary Law No. 105/2001 (Planalto, in Portuguese): art. 10 establishes that the breach of confidentiality outside authorized hypotheses constitutes a crime and subjects those responsible to a penalty of imprisonment of one to four years and a fine, applying the Penal Code and without prejudice to other sanctions, including for those who omit, unjustifiably delay, or falsely provide the requested information.
How it applies
The criminal offense occurs when the breach of confidentiality is carried out outside the hypotheses authorized by Complementary Law No. 105/2001. The same penalty of imprisonment of one to four years, combined with a fine, applies to anyone who omits, unjustifiably delays, or falsely provides the information requested under the terms of said law, also applying the Penal Code where applicable, without prejudice to other applicable sanctions.
Limits
- This fact sheet covers only the penalty of imprisonment expressly provided for in the cited legal provision for the described conduct.
- Other civil, administrative, or criminal sanctions, as well as the specific application of the Penal Code mentioned generically in the legal text, are not detailed in this fact sheet.
- The version read is the one published by Planalto; subsequent amendments must be checked at the official source before any decision.