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Atlas · Capital markets

Imprisonment penalty for the misuse of inside information

AnswerThe imprisonment penalty for the misuse of inside information is 1 to 5 years, plus a fine of up to 3 times the amount of the illicit advantage obtained as a result of the crime.

Reviewed on 2026-10-02 · next review 2027-04-02

Data

WhoCriterionConsequenceSourceData date
Agent who uses inside informationUsing relevant information not yet disclosed to the market, capable of providing undue advantageImprisonment penalty, from 1 to 5 years, and a fine of up to 3 times the amount of the illicit advantage obtainedLei 6.385/1976, art. 27-D14/12/2017 (redação da Lei 13.506)
Who passes on confidential informationPassing on confidential information related to a relevant fact obtained through an office or relationshipIncurs the same penalty (imprisonment of 1 to 5 years and a fine of up to 3 times the illicit advantage)Lei 6.385/1976, art. 27-D, § 1º14/12/2017 (redação da Lei 13.506)

Data consulted on 02/10/2026.

Basis

How it applies

The typical conduct consists of using relevant information not yet disclosed to the market, which the agent must keep confidential, to obtain an undue advantage through the negotiation of securities in their own name or on behalf of third parties. The same penalty applies to anyone who passes on confidential information related to a relevant fact obtained by reason of office, position in an issuer, or a commercial, professional, or trust relationship. The custodial penalty is imprisonment from 1 to 5 years, combined with a fine of up to 3 times the amount of the illicit advantage obtained.

Limits

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