How regime progression works in Brazil

In Brazil, a prison sentence is served in stages: closed, semi-open and open. To move from one regime to the next, the person must serve part of the sentence and show good behavior. That portion depends on the type of crime, recidivism and the date of the crime, because the law changed in 2007, 2019, 2024 and 2026.

Statute of limitations

The statute of limitations ends the State’s right to prosecute or to enforce the sentence once the period set by law has passed. Before a final conviction, the period follows the maximum penalty for the crime or, after the sentence, the penalty imposed (arts. 109 and 110, Criminal Code). After a final conviction, it follows the penalty imposed, increased by 1/3 for repeat offenders. Use the Statute of limitations tab to simulate.

Parole

Allows the rest of the sentence to be served outside prison, under conditions. It requires a sentence of at least 2 years and serving more than 1/3, 1/2 or 2/3 of it, depending on the case (art. 83, Criminal Code). The law prohibits parole for some crimes.

Sentence reduction

Every 3 days of work or 12 hours of study reduce the sentence by 1 day (art. 126, Criminal Enforcement Law). Completing elementary school, high school or college while serving adds 1/3 to the days earned by study. Reading books with an approved review reduces 4 days per book, up to 12 books per year (CNJ Resolution 391/2021).

Frequently asked questions

How do I know if my case is time-barred?

In the Statute of limitations tab, enter the date of the crime, the penalty and the case dates, such as acceptance of the indictment and the sentence. The calculator shows whether any period exceeded the limit. Only the judge can declare it after reviewing the file.

Is the calculator result official?

No. It is an estimate. The official calculation is made by the enforcement court, and progression depends on the judge’s decision.

Can the family ask for the calculation to be reviewed?

Yes, through a lawyer or the Public Defender’s Office, by filing a request with the enforcement judge when a date, fraction, credit for pretrial detention or sentence reduction is wrong.

What happens after a serious disciplinary offense?

The progression count restarts from the date of the offense (STJ Precedent 534), and the judge may cancel up to 1/3 of the reduction days (art. 127, LEP). The parole count is not interrupted (STJ Precedent 441).

Do you handle cases in other states?

Yes. The firm is based in Anápolis, Goiás, and handles sentence enforcement cases throughout Brazil.