Statute of Limitations in Brazil: How Long You Have to Act (Prescrição)
In Brazil, most legal claims come with a deadline. Miss it and the claim is prescrita — time-barred — no matter how strong it was. For a foreign company or family acting from abroad, this is the easiest way to lose a good case: by waiting. The deadlines (prescrição) vary by the type of claim, and some are surprisingly short. This page maps the main ones and points you to the detail for your situation.
Reviewed by Luciano Oliveira, Esq., LL.M — licensed in Brazil, Texas, and California. Last reviewed July 2026.
This page is general information about limitation periods (prescrição) in Brazil. It is not legal advice, and reading it does not create a lawyer-client relationship. Every dispute is different, and only a formal consultation with a lawyer licensed in Brazil, reviewing your specific facts, can tell you how the law applies to your situation.
The main limitation periods at a glance
These are the periods that come up most often. They are not exhaustive — special rules exist — so when a deadline is close, treat it as sooner rather than later and have it confirmed.
| Type of claim | Deadline | Basis (confirm) |
|---|---|---|
| General rule (no shorter period set) | 10 years | Civil Code art. 205 |
| Documented / liquidated debt (written instrument) | 5 years | CC art. 206 §5, I |
| Professional fees | 5 years | CC art. 206 §5, II |
| Civil damages (tort / reparação civil) | 3 years | CC art. 206 §3, V |
| Rent, contractual interest, unjust enrichment | 3 years | CC art. 206 §3 |
| Insurance (insured vs. insurer) | 1 year | CC art. 206 §1, II |
| Consumer — harm from a product or service | 5 years | CDC art. 27 |
| Employment / labor | 5 years during the job; 2 years after it ends | Constitution art. 7, XXIX |
| Tax (collection by the State) | 5 years | CTN art. 174 |
| Claims against the State (Fazenda Pública) | 5 years | Decreto 20.910/1932 |
| Enforcing a check | ~6 months (after the presentation period) | cheque law |
| Enforcing a promissory note | 3 years | — |
| Claiming an inheritance (petição de herança) | 10 years | CC art. 205 / STJ |
When the clock starts — and how it can be paused
Three things decide whether your claim is still alive:
- Start. The period generally runs from the moment the right is violated — a payment’s due date, the day damage occurs, the breach. Pin this date early; it decides everything.
- Interruption. Certain acts reset the clock — filing suit, a formal debtor acknowledgment of the debt, or a notarial protesto. This is why acting before a deadline runs matters.
- Suspension. In limited situations the clock pauses and later resumes.
- Prescrição vs. decadência. Prescrição bars the claim; decadência extinguishes a right itself (for example, the deadline to annul a contract), and some decadência periods are short.
Deadlines by area — where to go deeper
For the detail that fits your matter:
- Debts and collection — see Statute of Limitations for Debts in Brazil and Debt Collection in Brazil.
- Contract disputes — Breach of Contract and Business Litigation.
- Inheritance and estates — Time Limit for Claiming an Inheritance in Brazil.
- Whether to sue at all — Risks of Filing a Lawsuit and the Litigation & Dispute Resolution hub.
How we help
The first thing we do on any new matter is fix your deadline — confirm which period applies, when it started, and whether anything has interrupted it — so a good claim doesn’t quietly expire while you decide. If a deadline is close, we can act fast to protect it.
Worried about a deadline in Brazil? We can help.
Or write to [email protected]
Frequently asked questions
How long do I have to sue in Brazil?
It depends on the claim. The general rule is ten years, but many claims are shorter — five years for a documented debt, three for civil damages, two years after a job ends for most labor claims. Because the periods differ, confirm yours before you rely on it.
What happens if the deadline passes?
The claim becomes time-barred (prescrito) and a court will normally dismiss it, however strong the merits.
Can the deadline be paused or reset?
Sometimes. Filing suit, a formal acknowledgment of the debt, or a notarial protest can interrupt the period; limited situations suspend it. Treat the original deadline as the real one.
Is the deadline different for consumers, employees, or tax matters?
Yes. Consumer harm claims run five years; labor claims run during employment and two years after it ends; tax collection by the State is five years. Each has its own rules and start date.