calculate criminal statute of limitations Brazil
The punitive claim's term is not a fixed number, it depends on which of the CP art. 109's 6 maximum-penalty brackets the crime falls into, ranging from 3 to 20 years, and the final date is that term added to the exact day of the offense, with no rounding.
The "up to 4 years" bracket in art. 109 gives an 8-year term, double the maximum penalty, and the UTC-based calculation preserves the exact 1st of the month eight years later.
2032 is also a leap year, so the February 29 date stays intact twelve years later, with no one-day drift backward.
The 1/3 add-on under art. 110 only applies to enforcement prescription (PPE), after the final judgment, never to the punitive claim.
Abstract uses the maximum possible sentence and counts from the date of the crime; retroactive uses the sentence actually imposed, for the period between the acceptance of charges and the publication of the conviction. Retroactive is usually more favorable to the defendant, because the imposed sentence tends to be lower than the statutory maximum.
Not for offenses from May 6, 2010 onward: Law 12,234/2010 eliminated that specific stretch of retroactive prescription (from offense to indictment). What remains is retroactive prescription between indictment and sentencing, and supervening prescription between sentencing and final judgment, both based on the concrete sentence.
Because February 29 only exists in leap years, and adding years to that date requires deciding what to do when the target year is not a leap year: the correct math rolls forward to March 1, never back to February 28. A calculation that mixes UTC with local-time getters can get that adjustment wrong and return the wrong date.
No. STJ Súmula 220 settled that recidivism does not affect the punitive claim's prescription term, unlike enforcement prescription (PPE), where the 1/3 add-on under art. 110 applies to a repeat offender after the final judgment.
Estimate based on CP arts. 109-117. Consult a criminal defense attorney for case-specific analysis.
CP art. 109, pena máxima em abstrato; termo inicial: data do fato (art. 111).