Passive corruption

Passive corruption, in Brazilian criminal law, is one of the crimes committed by public officials against the general administration.

The peculiarity of this illicit act is that it is practiced solely and exclusively by the public official, even though the letter of the law does not explicitly define the active subject.

Thus, from the legal provision, we can understand that the crime of passive corruption occurs when the public official solicits a bribe, advantage, or similar in order to do or refrain from doing something related to their function.

The other party can/must appeal to the police to arrest the criminal, but if they participate in the illicit act, active and passive corruption is established.

If the public official holds a commission position or a management or advisory function, the penalty is also aggravated (Article 316, § 2, of the Penal Code).