Supreme Court Limits Spousal Theft Immunity

Brazil’s Supreme Federal Court ruled on Thursday 12 November 2026 that a husband can no longer escape punishment for property crimes against his wife in cases of domestic violence. The decision limits a 1940 Penal Code exemption that had shielded spouses from prosecution for non-violent property crimes such as theft and fraud.

The ruling matters to anyone who lives, marries or does business in Brazil, because it confirms that, in domestic violence cases against a woman, her spouse’s property crimes can be prosecuted. Foreign residents in Brazil, including those married to Brazilians, fall under the same law.

Brazil’s highest court ruled unanimously, for women victims, that a 1940 rule shielding husbands from punishment for stealing a wife’s assets no longer applies in cases of domestic violence.

What Happened

The court judged two constitutional challenges together, ADPF 1185 and ADPF 1241 (ADPF is a petition claiming a breach of a basic constitutional principle). They contest article 181 of the Penal Code, the clauses on spouses and on parents or children.

ADPF 1185 was filed by Conamp, the national association of public prosecutors, and the Green Party (Partido Verde) filed a second action on the same subject. Article 181 exempted from punishment anyone who commits a property crime against a spouse during the marriage, or against a parent or child.

The court decided the exemption does not apply when the crime happens in a context of domestic and family violence against a woman. Rapporteur Dias Toffoli argued the rule did not survive the 1988 Constitution and clashes with international norms protecting women.

The other justices, called ministers in Brazil, followed him on this point, including Court President Edson Fachin.

Why It Matters

Brazil’s Maria da Penha Law (Law 11.340 of 2006), the main statute against domestic violence, already lists patrimonial violence as a form of abuse. That covers destroying, retaining or taking a partner’s money, documents or belongings.

Until now, the Penal Code exemption could block criminal charges for the same conduct, leaving victims with only a civil lawsuit. Prosecutors’ association Conamp and the federal prosecutor-general had argued this left abusers unpunished and victims harmed a second time.

More on Brazil’s courts and laws is in our Brazil coverage.

What Is Not Known

The full written judgment and the exact legal thesis the court fixed were not available at the time of writing. Court President Fachin postponed the question of past crimes and pending cases, and the justices were split on it.

The ruling is described as covering domestic violence against women. The justices were divided on extending the ruling to other relatives, which article 181 also covered, and that point is not settled.

What to Watch Next

The court will publish the written judgment with the final thesis, and the postponed question of past crimes and pending cases will return to the justices. Lower courts and prosecutors will then begin applying the ruling.

Frequently Asked Questions

What did Brazil’s Supreme Court decide?

It ruled that the exemption from punishment in article 181 of the Penal Code cannot protect spouses who commit property crimes against women in domestic violence cases. The vote was unanimous for women victims.

Which crimes does this cover?

The exemption had covered non-violent property crimes such as theft, embezzlement, fraud and swindling against a spouse’s assets. Those can now be prosecuted when they form part of domestic violence against a woman.

Does this affect foreigners in Brazil?

Yes, because Brazilian criminal law applies to everyone on Brazilian territory. A foreign woman married to a Brazilian, or the reverse, falls under the same protection.

Sources: Supreme Federal Court (STF), rapporteur’s vote on ADPF 1185 and ADPF 1241, 11 November 2026; Federal Prosecutor’s Office (MPF), opinion of the prosecutor-general on ADPF 1185, 25 February 2025.