President Luiz Inácio Lula da Silva signed Law 15.397/2026 on May 5 [1], increasing criminal penalties for theft, robbery, fraud, and virtual crimes.
This legislative shift reflects a federal effort to curb property and cyber crimes by hardening the legal consequences for offenders. However, the president's partial veto indicates an effort to maintain a specific hierarchy of sentencing within the Brazilian penal code.
The new law targets several categories of crime, including theft, robbery, fraud, receptação, and various digital crimes [1], [4]. By expanding the penalties for these offenses, the government aims to provide a stronger deterrent against the rising tide of cyber-enabled fraud and traditional property theft [4].
Despite signing the broader package, Lula vetoed a specific provision that would have increased the maximum penalty for robbery resulting in serious injury to 24 years [2], [3]. This specific measure was rejected because it would have created a legal imbalance in the sentencing structure [2].
According to official reports, the veto was necessary because the proposed 24-year maximum for robbery with serious injury would have caused the minimum penalty for that crime to exceed the minimum penalty for qualified homicide [2]. The president said that such a discrepancy would be inconsistent with the current legal framework governing the most serious violent crimes.
The remaining provisions of Law 15.397/2026 [4] now take effect, marking a significant update to the Brazilian Penal Code. The administration's approach seeks to balance the need for tougher sentencing for financial and digital crimes with the preservation of a proportional sentencing scale for violent offenses [2].
“President Luiz Inácio Lula da Silva signed Law 15.397/2026 on May 5”
The partial sanction of Law 15.397/2026 demonstrates a strategic attempt by the Brazilian government to address modern criminal trends, specifically cybercrime and fraud, while avoiding a legal paradox. By vetoing the specific penalty for robbery with serious injury, the administration ensures that the legal system does not prioritize property-related violence over homicide in its minimum sentencing requirements, maintaining a traditional judicial hierarchy.
