Passive corruption and active corruption are crimes provided for in the Penal Code, related to the action of offer or accept illicit compensation in exchange for personal advantage.
In a simple way, we can say that there is passive corruption when a public agent, due to his position or function, requests the receipt of some personal advantage.
Passive corruption, on the other hand, happens when an advantage is offered to a public servant, to influence him in the fulfillment (or non-compliance) with an act related to his professional functions.
In both cases, the crime of corruption takes place at the time the corruption proposal is made, regardless of the participation or acceptance of the other party. This type of offer is popularly known as a kickback or bribe.
passive corruption
The crime of passive corruption is configured when the public agent (a politician, for example) request or accept some kind of benefit (money or goods) in exchange for performing services related to their public function. Acceptance happens to directly favor the corruptor's interests.
The crime is specified in article 317 of the Penal Code and, according to the law, the penalty can vary between two and twelve years of imprisonment, plus the payment of a fine.
See what the law says:
Article 317 - Request or receive, for yourself or others, directly or indirectly, even outside the function or before assuming it, but because of it, undue advantage, or accepting a promise of such advantage.
It is interesting to know that in passive corruption, the civil servant is considered to commit a crime against the public administration, when he asks for or receives the advantage. For this reason, the conduct is classified in the list of crimes committed by a public official against the administration.
Learn more about the meaning of passive corruption.
active corruption
Active corruption is the action of the private agent (individual who does not exercise public function) in offer advantages to a civil servant in exchange for personal or third-party benefits.
In the case of this crime, the convict may be sentenced to between two and twelve years of imprisonment, plus the payment of a fine. The crime is defined in article 333 of the Brazilian Penal Code.
Observe what the law says:
Article 333 - Offer or promise undue advantage to a public official, to determine him to practice, omit or delay an official act.
As the crime is committed by a private person (a person who does not belong to the public administration), active corruption is classified as a crime committed by a private person against the administration.
Difference between passive corruption and concussion
It is common that there is a confusion between the crimes of passive corruption and concussion, as the two refer to the receipt of advantages. But, there is a subtle difference that must be noted to avoid the error.
In the crime of passive corruption, as referred to in the law, the public official requests or accepts to receive the advantage offered. Already in the concussion, the server requires the receipt of the advantage.
Concussion is provided for in article 316 of the Penal Code and is punishable by two to eight years, in addition to the payment of a fine.
See the article that defines the crime of concussion:
Article 316 - Demand, for oneself or others, directly or indirectly, even if outside the function or before assuming it, but because of it, an undue advantage.
See also the meanings of corruption, Bribery and bribe.