Atlas · Governance
The deadline to declare presumed death of a campaign missing person or prisoner of war is 2 years after the end of the war
AnswerPresumed death of a campaign missing person or prisoner of war can be declared 2 years after the war ends, provided efforts to find them are exhausted.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Situation | Deadline | Condition | Source | Data Date |
|---|---|---|---|---|
| Missing in battle or prisoner of war | 2 years after the end of the war | Exhaustion of searches and investigations | Law 10.406/2002 (Civil Code), art. 7, II | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Law No. 10.406/2002 (Civil Code, Planalto): Article 7, item II, establishes that the presumed death of a person missing in battle or a prisoner of war may be judicially declared 2 years after the end of the war, provided searches and investigations are exhausted.
How it applies
Declaring presumed death for persons missing in battle or prisoners of war requires two conditions: (1) the passage of 2 full years after the end of the war and (2) judicial proof that all searches and investigations regarding the person's whereabouts were exhausted. The sentence must fix the probable date of death, which will be considered for inheritance purposes.
Limits
- The rule applies only to persons missing in military service or taken as prisoners of war, not covering other types of disappearance (e.g., civilians missing in undeclared conflicts).
- The 2-year deadline is counted after the official end of the war, not from the date of disappearance or capture.
- The declaration depends on a judicial proceeding, requiring proof of exhausted searches (Article 7, sole paragraph).
- Subsequent changes to the Civil Code must be verified directly in the official source (Planalto).
- This sheet does not address cases of persons missing in conflicts not regulated by international treaties or war situations not recognized by Brazil.