Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 325. The value of the guarantee will be fixed by the authority that grants it within the following limits: 
I – from 1 (one) to 100 (one hundred) minimum wages, in the case of an offense whose penalty deprivation of liberty, at the maximum level, is not greater than to 4 (four) years; (Included by Law No. 12,403 of 2011).
II – from 10 (ten) to 200 (two hundred) minimum wages, when the maximum sentence deprivation of liberty is greater than 4 (four) years. (Included by Law No. 12,403 of 2011).
§ 1 If the prisoner’s economic situation so recommends, the bail may be: (Wording provided by Law No. 12,403, of 2011).
I – waived, pursuant to article 350 of this Code; (Wording provided by Law No. 12,403 of 2011).
II – reduced to a maximum of 2/3 (two thirds); or (Wording provided by Law No. 12,403 of 2011).
III – increased by up to 1,000 (one thousand) times. (Included by Law No. 12,403 of 2011).

Constitutionality and value limits

Constitutionality of binding to the minimum wage:  According to  article 7, item IV, of the CF “these are the rights of urban and rural workers (…) minimum wage, fixed by law, nationally unified, capable of meeting their vital needs (…) with periodic readjustments (…) being prohibited its binding for any purpose”. Examining the decisions of the STF on the subject, which interpreted the device above, the jurist Fabio Odoni noted that what was quite clear in the judgments analyzed is that the Federal Supreme Court understands that the prohibition should be applied only when the link to the minimum wage can be considered an obstacle that prevents or hinders the achievement of the minimum wage (Min. Carmem Lúcia), or that this link may influence the inflationary process (Min. Carlos Brito) or, even, may create an obstacle to the increase in the minimum wage, in view of of the chain of increases that will ensue,Fabio Odoni – The constitutionality of fixing bail at the minimum wage in criminal proceedings – Revista Eletrônica Direito & Política ).

Accused who cannot pay the bail:  If the defendant is poor and is unable to pay the bail, it may be waived in accordance with  paragraph 1, item I, of this article 325 . However, he will not be exempted from the obligation to attend the proceedings  (Article 350 ).


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