Atlas · Governance
Breach of corporate confidentiality carries a prison sentence of 2 to 4 years
AnswerThe penalty for breaching corporate confidentiality is 2 to 4 years in prison, in addition to a fine.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Action | Penalty | Source | Data of record |
|---|---|---|---|---|
| Any person | Violate, exploit, or disclose, without just cause, corporate confidentiality or confidential data about operations or services, contributing to the economic or financial unviability of the debtor | 2 to 4 years in prison + fine | Law 11.101/2005, art. 169 | 09/02/2005 |
Data consulted on 02/10/2026.
Basis
- Law No. 11.101/2005 (Planalto, in Portuguese): Article 169 defines the crime of breaching corporate confidentiality, with a penalty of 2 to 4 years in prison and a fine, applicable when the conduct contributes to the economic or financial unviability of the debtor.
How it applies
The penalty of 2 to 4 years in prison and a fine applies to any person who, without just cause, violates, exploits, or discloses corporate confidentiality or confidential data about operations or services, provided that the conduct contributes to leading the debtor to a state of economic or financial unviability. There is no distinction between internal or external agents to the company.
Limits
- The crime requires contribution to the economic or financial unviability of the debtor; mere disclosure of confidential information is not sufficient.
- The penalty does not apply to isolated cases of accidental leaks or without intent to harm the company.
- The consulted source is the original text of Law 11.101/2005; subsequent changes should be verified on the Planalto website.
- The crime is set within the context of bankruptcy, judicial or extrajudicial recovery, but the conduct may occur independently of an ongoing judicial process.