Atlas · Money laundering prevention
Early alienation of assets at auction requires a minimum value of 75% of the appraisal
AnswerEarly alienation of assets for value preservation, in auctions or public biddings arising from precautionary measures, must occur at a value no lower than 75% (seventy-five percent) of the value attributed in the judicial appraisal.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data date |
|---|---|---|---|---|
| Judge | Assets subject to deterioration or depreciation | Orders alienation at auction for a value ≥ 75% of the appraisal | Law 9.613/1998, art. 4.º-A, § 1.º and § 3.º | 03/03/1998 |
Data consulted on 02/10/2026.
Basis
- Law n.º 9.613/1998 (Planalto, in Portuguese): art. 4.º-A establishes the procedure for the early alienation of sequestered assets, defining that the minimum bidding value is 75% of the amount approved by the judge after appraisal.
- Law n.º 6.404/1976, compiled (Planalto, in Portuguese): this standard deals with corporations and asset valuation criteria, but does not regulate the percentage for early criminal auctions.
How it applies
Early alienation is a precautionary measure applied when assets are subject to deterioration, depreciation, or when there is difficulty in maintaining them. The procedure takes place in separate case files from the main proceeding. After the assets are appraised by an expert and the value is approved by the judge — who must resolve any discrepancies regarding the report —, the magistrate orders the sale at an auction or public bidding, preferably electronic. The winning bid must respect the floor of 75% of the approved appraisal. The amount obtained is deposited in an interest-bearing judicial account.
Limits
- The rule applies specifically to assets under constraint in criminal proceedings for "laundering" or concealment of assets, rights, and values.
- This sheet does not cover auctions held in other contexts, such as bankruptcies or ordinary civil executions, which have their own procedures.
- Amendments after the review date must be checked directly at the official source of Planalto.