The penal code in force in Brazil was created by Decree-Law No. 2,848, of December 7, 1940, by then President Getúlio Vargas during the Estado Novo period, with Francisco Campos as Minister of Justice.

The current code is the 3rd in the history of Brazil and the longest in forceː the previous ones were those of 1830 and 1890.

Despite its creation in 1940, the current Code only came into force on January 1, 1942 (article 361)