Genocidio - Brasil's Lei N°2.889, De 1° de Outubro de1956

Art. 1° Who, with the intention to destroy, in all or part, national, ethnic, racial or religious group, as such:

a) to kill members of the group;
b) to cause serious injury to the physical or mental integrity of members of the group;
c) to submit intentionally the group the conditions of existence capable to cause to it total or partial physical destruction to it;
d) to adopt measured destined to hinder the births in the seio it group;
e) to effect the forced transference of children of the group for another group.

Thus, Law No. 2,889 (1 October 1956), which defines the crime of genocide, punishes those who, in attempting completely or partially to destroy a national, ethnic, racial or religious group, kill members of the group, cause serious damage to the physical or mental integrity of members of the group, intentionally subject the group to conditions capable of bringing about its total or partial physical destruction, or act to prevent births within the group or to force children from the group to be transferred to another group. The sentence shall be increased when the crime is committed by a public authority or employee. Moreover, the crimes defined in this law may not be considered political crimes for the purposes of extradition. 90. Protection against genocide is also afforded by the Military Penal Code (Decree Law No. 1,001 of 21 October 1969), article 208 of which defines the crime of genocide as "killing members of a national, ethnic, religious or racial group with a view to bringing about its total or partial destruction". Those convicted of this crime are liable to be sentenced to 15 to 30 years of imprisonment. 91. Finally, Law No. 8,072 of 25 July 1990 (makes provisions regarding heinous crimes, pursuant to the terms of art. 5, item XLII, of the Federal Constitution, and makes other provisions) defines genocide as a heinous crime, be it merely attempted or actually consummated. This means that those convicted of genocide are no longer liable to amnesty, grace or pardon and that bail and parole are not available.

It will be punished:

with the penalties of art. 121, § 2°, of the Criminal Code, in the case of the letter; with the penalties of art. 129, § 2°, in the case of letter b;
with the penalties of art. 270, in the case of letter c;
with the penalties of art. 125, in the case of letter d;
with the penalties of art. 148, in the case of letter e.

* Vide art. 9° of the Law n.° 8.072, 25 of July of 1990.

Art. 2° To associate more than 3 (three) people for practical of the crimes mentions of the ones in the previous article: Penalty-half of the threatened one to the crimes foreseen there.
* Vide art. 9° of the Law n° 8.072, 25 of July of 1990.

Art. 3° Incitar, directly and public, somebody to commit any of the crimes that 1° deals with art.: Penalty-half of the penalties threatened there.

§ 1° the penalty for the incitation crime will be same of crime stirred up, if this if to consummate.

§ 2° the penalty will be magnified of one terço, when the incitation will be committed by the press.

* Vide art. 1°, III, m, of the Law n° 7.960, 21 of December of 1989.

* Vide art. 9° of the Law n° 8.072, 25 of July of 1990.

Art. 4° the penalty will be aggravated of one terço, in the case of arts. 1°, 2° and 3°, when committed the crime for governor or public officer.

Art. 5° will be punished with two terços of the respective penalties the attempt of the crimes defined in this Law.

Art. 6º the crimes that it deals with this Law will be considered crimes politicians for the purpose of extradition.

Art. 7° Revokes the disposals in the opposite.

Rio De Janeiro, in 1° of October of 1956; 135° of Independence and 68° of the Republic.

Juscelino Kubitschek

LEI N° 2.889, DE 1° DE OUTUBRO DE 1956