Prostitution Prostitution laws in BrazilBrasil
Prostitution by adults is legal in Brazil and appears in the Brazilian Classification of Occupations as "profissional do sexo" (5198-05), but third-party involvement is largely criminalised. The Penal Code punishes inducing or attracting someone into prostitution or other sexual exploitation, facilitating it or preventing someone from leaving it (2 to 5 years); maintaining an establishment where sexual exploitation occurs (2 to 5 years); and profiting directly from another person's prostitution or being supported by them (1 to 4 years). In 2018 the Superior Court of Justice held that keeping a venue where adults sell sex freely, without exploitation, is not a crime under article 229. A 2025 bill in the Chamber of Deputies would make prostitution in the street a misdemeanour.
Legal model
Legal, organisation banned. Selling and buying are legal, but brothels, procuring and organising are criminal offences.
Selling and buying sex between adults are not crimes, and the federal labour ministry lists "profissional do sexo" as an occupation (CBO 5198-05). The Penal Code criminalises inducing or facilitating prostitution (art. 228), maintaining an establishment where sexual exploitation occurs (art. 229) and profiting from another's prostitution (art. 230). Since the 2009 reform the Superior Court of Justice has held that a venue where adults sell sex without coercion or other exploitation is not covered by article 229.[1][2][3]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Legal | Selling sex is not a crime. The Ministry of Labour's Brazilian Classification of Occupations lists "profissional do sexo" (code 5198-05), describing people who seek clients, attend and accompany them and take part in sexual-health education activities.[1][2][4] |
| Buying sexual services | Legal | Paying an adult for sex is not a crime. Sexual acts with children and adolescents in prostitution or sexual exploitation are separate crimes.[1] |
| Brothels and managed venues | Illegal Criminal offence | Maintaining, on one's own account or for a third party, an establishment where sexual exploitation occurs, whether or not for profit, carries 2 to 5 years and a fine (art. 229, heading "Casa de prostituição"). The Superior Court of Justice held in 2018 that a venue where adults sell sex without violence, threat, fraud or restriction of their freedom is not covered.[1][3] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | Inducing or attracting someone into prostitution or other sexual exploitation, facilitating it, or preventing or hindering someone from leaving it carries 2 to 5 years (art. 228). Profiting from another's prostitution by sharing directly in the earnings or being supported by the person carries 1 to 4 years (art. 230), rising to 2 to 8 years with violence, serious threat or fraud.[1] |
| Advertising sexual services | Restricted Breach: criminal offence | No federal offence specifically on advertising adult sexual services was found. Advertising on behalf of a third party could amount to facilitating prostitution (art. 228) or support liability for an establishment (art. 229); advertising involving minors is separately criminalised.[1] |
The law in detail
Selling sexual services
Selling sex is not a crime. The Ministry of Labour's Brazilian Classification of Occupations lists "profissional do sexo" (code 5198-05), describing people who seek clients, attend and accompany them and take part in sexual-health education activities.[1][2][4]
Confidence: medium. The CBO entry was read in a 2016 Chamber of Deputies document asking the ministry to remove it, which dates the entry to 2015; secondary sources date it to the CBO 2002 edition. The CBO search site requires a reCAPTCHA and the Planalto legislation portal blocked automated access, so neither primary text could be read directly.
Checked 30 October 2026
Buying sexual services
Paying an adult for sex is not a crime. Sexual acts with children and adolescents in prostitution or sexual exploitation are separate crimes.[1]
Confidence: medium. The Penal Code on the Planalto portal could not be opened (automated access blocked); based on the code's structure as reproduced in secondary sources.
Checked 30 October 2026
Brothels and managed venues
Maintaining, on one's own account or for a third party, an establishment where sexual exploitation occurs, whether or not for profit, carries 2 to 5 years and a fine (art. 229, heading "Casa de prostituição"). The Superior Court of Justice held in 2018 that a venue where adults sell sex without violence, threat, fraud or restriction of their freedom is not covered.[1][3]
Before Law 12.015 of 2009 the article punished maintaining a "casa de prostituição ou lugar destinado a encontros para fim libidinoso". The 2009 wording replaced this with an establishment "em que ocorra exploração sexual". In REsp 1.683.375/SP (Sixth Panel, decided 14 August 2018) the court treated sexual exploitation as an element of the offence and found the conduct atypical. Other STJ decisions have rejected the argument that social tolerance makes brothel keeping lawful, so the case law turns on whether exploitation is shown.
Confidence: medium. Neither the Planalto Penal Code page nor the STJ bulletin could be opened (both blocked automated access); text and holding confirmed through search results quoting them.
Checked 30 October 2026
Third parties profiting (procuring / pimping)
Inducing or attracting someone into prostitution or other sexual exploitation, facilitating it, or preventing or hindering someone from leaving it carries 2 to 5 years (art. 228). Profiting from another's prostitution by sharing directly in the earnings or being supported by the person carries 1 to 4 years (art. 230), rising to 2 to 8 years with violence, serious threat or fraud.[1]
Law 12.015 of 2009 rewrote articles 228 to 230. Law 13.344 of 2016 repealed the earlier international and internal trafficking offences (arts. 231 and 231-A) and moved trafficking to article 149-A.
Confidence: medium. Wording taken from secondary reproductions of the compiled Penal Code; the Planalto portal blocked automated access.
Checked 30 October 2026
Advertising sexual services
No federal offence specifically on advertising adult sexual services was found. Advertising on behalf of a third party could amount to facilitating prostitution (art. 228) or support liability for an establishment (art. 229); advertising involving minors is separately criminalised.[1]
Confidence: low. Inference from the general offences; platform liability under the Marco Civil da Internet and the 2025 Supreme Court rulings on it were not reviewed.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Decreto-Lei nº 2.848, de 7 de dezembro de 1940 (Código Penal), texto compilado Penal Code (Decree-Law 2,848 of 1940), as amended by Law 12.015 of 2009 and Law 13.344 of 2016 arts. 228-230 | Criminalises favouring prostitution (art. 228), maintaining an establishment where sexual exploitation occurs (art. 229) and rufianismo (art. 230).[1] |
Pending and under review
In parliament · updated 17 December 2025
PL 778/2025 (street prostitution as a misdemeanour)
Bill by Deputy Kim Kataguiri to amend the Misdemeanours Act (Lei das Contravenções Penais) so that prostitution in public streets is punishable by 15 days to three months' imprisonment or a fine of 50 to 100 day-fines.[5]
Next: Constitution and Justice Committee, then the Chamber plenary and the Senate
Timeline
- 7 August 2009Law 12.015 rewrites the Penal Code's prostitution offences, replacing "casa de prostituição" with an establishment where sexual exploitation occurs.[1]
- 14 August 2018Superior Court of Justice (REsp 1.683.375/SP) holds that keeping a venue where adults sell sex without exploitation is not a crime under article 229.[3]
- 17 December 2025Chamber of Deputies news agency reports PL 778/2025, which would make street prostitution a misdemeanour.[5]
Sources
- Decreto-Lei nº 2.848, de 7 de dezembro de 1940 (Código Penal), texto compilado (Decree-Law No. 2,848 of 7 December 1940 (Penal Code), compiled text). Presidência da República (Planalto). legislation · accessed 30 October 2026
- Requerimento e Indicação (Do Sr. Flavinho): retirada da descrição da ocupação de profissional do sexo da Classificação Brasileira de Ocupações (Request and recommendation by Deputy Flavinho to remove the sex-worker occupation from the Brazilian Classification of Occupations). Câmara dos Deputados, 2016. parliament · accessed 30 October 2026
- Informativo de Jurisprudência n. 631: REsp 1.683.375-SP, Rel. Min. Maria Thereza de Assis Moura, julgado em 14/08/2018 (Case-law bulletin No. 631: Special Appeal 1.683.375-SP (brothel keeping and sexual exploitation)). Superior Tribunal de Justiça, 14 September 2018. case law · accessed 30 October 2026
- Classificação Brasileira de Ocupações (CBO): busca por código (Brazilian Classification of Occupations: search by code). Ministério do Trabalho e Emprego. government · accessed 30 October 2026
- Projeto prevê prisão de até três meses ou multa para prostituição em via pública (Bill provides for up to three months' imprisonment or a fine for prostitution on public streets). Agência Câmara de Notícias, Câmara dos Deputados, 17 December 2025. parliament · accessed 30 October 2026