---
slug: prazo-defesa-sancoes
lang: en
titulo: Deadline for prior defense in CVM sanctioning process is 10 business days
resposta: The interested party has 10 business days to submit a prior defense in an administrative sanctioning process by CVM.
curto: 10 business days
tema: Governance
revisada: 2026-10-02
proxima: 2027-04-02
---

## Data
| Who | Process | Deadline for prior defense | Source | Data date |
|---|---|---|---|---|
| Interested party | CVM administrative sanctioning process | 10 business days | Law No. 6.385/1976, art. 83, § 2.º | 12/14/1976 (current wording updated by Law No. 13.506/2017) |

Data consulted on 10/02/2026.

## Basis
- [Law No. 6.385/1976 (Planalto, in Portuguese)](https://www.planalto.gov.br/ccivil_03/leis/l6385.htm): Article 83, § 2.º, establishes that in an administrative sanctioning process by CVM, the interested party will have 10 business days to submit a prior defense before sanctions such as suspension of registration or temporary disqualification are applied.

## How it applies
The 10 business days deadline applies to any interested party (individual or legal entity) in an administrative sanctioning process initiated by CVM, as per Article 83, § 2.º, of Law No. 6.385/1976. The prior defense must be submitted before the final decision on sanctions such as warning, fine, suspension, or revocation of registration.

## Limits
- The deadline does not apply to processes of other natures (e.g., tenders, administrative contracts), which follow specific rules (e.g., Law No. 13.303/2016, art. 83, § 2.º, with a 5 business days deadline for appeals).
- Law No. 6.385/1976 covers only sanctions within the capital market and securities, not extending to other sectors regulated by different bodies (e.g., ANVISA, ANAC).
- The current wording considers changes from Law No. 13.506/2017, which maintained the 10 business days deadline but did not introduce exceptions.
- Subsequent changes should be verified in the consolidated version of Law No. 6.385/1976 on [Planalto](https://www.planalto.gov.br/ccivil_03/leis/l6385.htm) or on CVM.