prison regime progression anticrime law 13964 Brazil
The progression fraction is not the same for every crime: it varies by violence, heinousness, recidivism and a death result, and since March 25, 2026 there is a third, harsher time regime, on top of what has been in force since the 2019 Anticrime Package.
25% of 6 years is 1.5 years, and since the offense falls in the Anticrime Package window, that is the fraction that applies, not the newer Antifacção Law one.
The repeat-offender fraction for a heinous crime (60% under the Anticrime regime) already doubles the first-time offender fraction for the same crime (40%).
The first-time offender fraction under the Antifacção Law (70%) already exceeds the repeat-offender fraction from the previous regime (60%) for the same crime and the same sentence.
For offenses from 23 Jan 2020 to 24 Mar 2026 (Anticrime Package, Law 13.964/2019), art. 112 of the LEP sets: ordinary crime without violence, 16% (first offender) and 20% (recidivist); with violence or a serious threat, 25% and 30%. Heinous or equivalent crimes, 40% (first offender) and 60% (specific recidivist); resulting in death, 50% and 70%. For offenses on or after 25 Mar 2026, Law 15.358/2026 (the Antifacção Law) raised the heinous-crime brackets to 70%-85%, with conditional release barred in the highest ones.
It uses the Antifacção Law (Law 15,358/2026), in force since March 25, 2026. Only offenses between January 23, 2020 and March 24, 2026 fall in the Anticrime Package window; offenses before 2020 follow the old wording of art. 112, with fractions of 1/6, 2/5 or 3/5.
After. The fraction applies to the total sentence, producing a number of required days; only then are time served (CP art. 42) and net remission subtracted from that day total, never recalculating the fraction over an already-reduced balance, the order most favorable to the person serving the sentence.
No. Article 5, XL, of the Constitution bars a harsher criminal law from applying retroactively to the detriment of someone who committed the offense before it took effect; a 2023 offense stays under the Anticrime Package fraction even after the Antifacção Law took effect in 2026.
Estimate. Regime progression requires a mandatory criminological report (LEP art. 112 §1, Law 14.843/2024) and a judicial decision. Consult an attorney.
16% da pena total (detração e remição já abatidas). LEP art. 112 (redação da Lei 13.964/2019, Pacote Anticrime), fato em 2021-01-01.
33.3% da pena (art. 83 CP).
Cumprimento integral da pena líquida, após detração e remição.
LEP art. 112 (redação da Lei 13.964/2019, Pacote Anticrime), fato em 2021-01-01.