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Atlas · Taxation

The index applied to monetary updating when not agreed upon or provided for in specific law is the IPCA

AnswerPursuant to art. 389 of Law 10.406/2002, if the index is not agreed upon or provided for by law, the IPCA published by IBGE applies.

Reviewed on 2026-10-02 · next review 2027-04-02

Data

WhoCriterionConsequenceSourceData date
Debtor in unfulfilled obligationMonetary updating index not agreed upon or not provided for in specific lawApplication of the variation of the IPCA, calculated and published by IBGE, or the index that replaces itLaw 10.406/2002 (Civil Code), art. 389, sole paragraph11/07/2024 (wording of Law 14.905)

Data consulted on 02/10/2026.

Basis

How it applies

The rule applies to unfulfilled obligations where the debtor is liable for losses and damages, interest, monetary updating, and attorney's fees. If the parties have not agreed on a monetary updating index in the transaction, or if no specific law determines its own indicator for the case, the monetary updating must follow the variation of the Broad National Consumer Price Index (IPCA), calculated and published by the Brazilian Institute of Geography and Statistics (IBGE), or the index that replaces it, pursuant to art. 389 of Law 10.406/2002.

Limits

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