Presidency of the Republic

General Secretariat

Sub-chief for Legal Affairs

LAW NO. 13,260, OF MARCH 16, 2016

Veto Message

Regulates the provision in paragraph XLIII of article 5 of the Federal Constitution, disciplining terrorism, dealing with investigative and procedural provisions and reformulating the concept of terrorist organization; and amends Laws No. 7,960, of December 21, 1989, and 12,850, of August 2, 2013.

THE PRESIDENT OF THE REPUBLIC

I make known that the National Congress decrees and I sanction the following Law:

Art. 1º

This Law regulates the provision in paragraph XLIII of article 5 of the Federal Constitution, disciplining terrorism, dealing with investigative and procedural provisions and reformulating the concept of terrorist organization.

Art. 2º

Terrorism consists of the practice by one or more individuals of the acts provided for in this article, for reasons of xenophobia, discrimination or prejudice of race, color, ethnicity and religion, when committed with the purpose of provoking social or generalized terror, exposing a person, property, public peace or public safety to danger.

§ 1º Acts of terrorism are:

I – using or threatening to use, transport, store, carry or bring with oneself explosives, toxic gases, poisons, biological, chemical, nuclear or other means capable of causing damage or promoting mass destruction;

II – (VETOED);

III – (VETOED);

IV – sabotaging the operation or seizing, with violence, serious threat to a person or using cyber mechanisms, the total or partial control, even if temporary, of a means of communication or transport, of ports, airports, railway or bus stations, hospitals, health houses, schools, sports stadiums, public facilities or places where essential public services operate, of energy generation or transmission facilities, military facilities, oil and gas exploration, refining and processing facilities and banking institutions and their service network;

V – attacking the life or physical integrity of a person:

Penalty – imprisonment of twelve to thirty years, in addition to the sanctions corresponding to the threat or violence.

§ 2º The provision of this article does not apply to the individual or collective conduct of persons in political demonstrations, social, union, religious, class or professional category movements, directed by social or reivindicative purposes, aiming to contest, criticize, protest or support, with the objective of defending rights, guarantees and constitutional freedoms, without prejudice to the criminal classification contained in law.

Art. 3º

Promoting, constituting, integrating or providing assistance, personally or through an intermediary, to a terrorist organization:

Penalty – imprisonment of five to eight years, and a fine.

§ 1º – (VETOED).

§ 2º – (VETOED).

Art. 4º – (VETOED).

Art. 5º

Carrying out preparatory acts of terrorism with the unequivocal purpose of consummating such offense:

Penalty – the same as the consummated offense, reduced by one quarter to one half.

§ 1º The same penalties apply to the agent who, with the purpose of committing terrorist acts:

I – recruits, organizes, transports or arms individuals who travel to a country different from that of his residence or nationality; or

II – provides or receives training in a country different from that of his residence or nationality.

§ 2º In the hypotheses of § 1º, when the conduct does not involve training or travel to a country different from that of his residence or nationality, the penalty will be the same as the consummated offense, reduced by one half to two thirds.

Art. 6º

Receiving, providing, offering, obtaining, storing, keeping in deposit, requesting, investing, in any manner, directly or indirectly, resources, assets, goods, rights, values or services of any nature, for the planning, preparation or execution of the crimes provided for in this Law:

Penalty – imprisonment of fifteen to thirty years.

Sole Paragraph The same penalty applies to anyone who offers or receives, obtains, stores, keeps in deposit, requests, invests or in any manner contributes to the acquisition of an asset, good or financial resource, with the purpose of financing, wholly or partially, a person, group of persons, association, entity, criminal organization whose main or secondary activity, even if occasional, is the practice of the crimes provided for in this Law.

Art. 7º

Except when it is an element of the practice of any crime provided for in this Law, if any of them results in serious bodily injury, the penalty increases by one third; if it results in death, the penalty increases by one half.

Art. 8º – (VETOED).

Art. 9º – (VETOED).

Art. 10.

Even before the execution of the crime of terrorism begins, in the hypothesis of Art. 5º of this Law, the provisions of article 15 of Decree‑Law No. 2,848, of December 7, 1940 – Penal Code – apply.

Art. 11.

For all legal effects, it is considered that the crimes provided for in this Law are practiced against the interest of the Union, being the Federal Police responsible for criminal investigation, in the context of a police inquiry, and the Federal Justice system for its processing and judgment, pursuant to paragraph IV of article 109 of the Federal Constitution.

Sole Paragraph – (VETOED).

Art. 12.

The judge, ex officio, at the request of the Public Prosecutor’s Office or upon representation by the police delegate, having heard the Public Prosecutor’s Office within twenty‑four hours, and when there are sufficient indications of a crime provided for in this Law, may decree, during the investigation or criminal action, precautionary measures over assets, rights or values of the investigated or accused, or held in the name of intermediaries, that are instrument, product or benefit of the crimes provided for in this Law.

§ 1º Early alienation shall be carried out to preserve the value of the assets whenever they are subject to any degree of deterioration or depreciation, or when there is difficulty in their maintenance.

§ 2º The judge shall order the release, total or partial, of the assets, rights and values when the legality of their origin and destination is proven, maintaining the seizure of the assets, rights and values necessary and sufficient for the repair of damages and the payment of pecuniary provisions, fines and costs arising from the criminal offense.

§ 3º No request for release shall be known without the personal appearance of the accused or of the intermediary referred to in the caput of this article, and the judge may order the performance of acts necessary for the conservation of assets, rights or values, without prejudice to the provision of § 1º.

§ 4º Precautionary measures may be decreed over assets, rights or values for the repair of the damage resulting from the preceding criminal offense or the one provided for in this Law or for the payment of pecuniary provision, fine and costs.

Art. 13.

When circumstances advise, the judge, having heard the Public Prosecutor’s Office, shall appoint a qualified natural or legal person for the administration of the assets, rights or values subject to precautionary measures, through a commitment term.

Art. 14.

The person responsible for the administration of the assets:

I – shall be entitled to remuneration, fixed by the judge, which shall preferably be satisfied with the product of the assets under administration;

II – shall, by judicial determination, provide periodic information on the situation of the assets under his administration, as well as explanations and details about investments and reinvestments made.

Sole Paragraph The acts related to the administration of the assets shall be brought to the knowledge of the Public Prosecutor’s Office, which shall request what it deems appropriate.

Art. 15.

The judge shall determine, in the hypothesis of the existence of a treaty or international convention and at the request of a competent foreign authority, precautionary measures over assets, rights or values originating from crimes described in this Law committed abroad.

§ 1º The provision of this article applies regardless of treaty or international convention, when there is reciprocity from the government of the requesting authority’s country.

§ 2º In the absence of a treaty or convention, the assets, rights or values subject to precautionary measures at the request of a competent foreign authority or the resources resulting from their alienation shall be divided between the requesting State and Brazil, in the proportion of one half each, without prejudice to the right of the injured party or a third party in good faith.

Art. 16.

The provisions of Law No. 12,850, of August 2, 2013, apply to the investigation, process and judgment of the crimes provided for in this Law.

Art. 17.

The provisions of Law No. 8,072, of July 25, 1990, apply to the crimes provided for in this Law.

Art. 18.

Paragraph III of article 1 of Law No. 7,960, of December 21, 1989, shall henceforth read with the following new sub‑paragraph p:

Art. lº …

…

III – …

…

p) crimes provided for in the Terrorism Law. (NR)

Art. 19.

Article 1 of Law No. 12,850, of August 2, 2013, shall henceforth read with the following amendment:

Art. 1º …

…

§ 2º …

…

II – to terrorist organizations, understood as those devoted to the practice of the acts of terrorism legally defined. (NR)

Art. 20.

This Law enters into force on the date of its publication.

Brasília, March 16, 2016; 195th of Independence and 128th of the Republic.

Dilma Rousseff

Wellington César Lima e Silva

Nelson Barbosa

Nilma Lino Gomes

This text does not replace the one published in the Official Gazette of March 17, 2016

• Extra and corrected edition on March 18, 2016