---
slug: prazo-entrega-coisa-sentenca-restituicao
lang: en
titulo: Deadline for delivering the item after a judgment recognizing the right to restitution is 48 hours
resposta: The item must be delivered within 48 hours after the judgment recognizing the right to restitution, as per Art. 88 of Law 11.101/2005. The deadline starts from the publication of the court judgment.
curto: 48h after judgment
tema: Governance
revisada: 2026-10-02
proxima: 2027-04-02
---

## Data
| Who | Situation | Deadline for delivery | Source | Data of record |
|---|---|---|---|---|
| Owner of property seized in bankruptcy or in the debtor's possession on the date of bankruptcy declaration | Judgment recognizing the right to restitution | 48 hours | Law 11.101/2005, Art. 88 | 09/02/2005 |

Data consulted on 02/10/2026.

## Basis
- [Law No. 11.101/2005 (Planalto, in Portuguese)](https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2005/lei/l11101.htm): Art. 88 states that the judgment recognizing the right to restitution shall order the delivery of the item within 48 hours.

## How it applies
The 48-hour deadline applies to the restitution of assets seized in bankruptcy or those in the debtor's possession on the date of bankruptcy declaration. It applies when the court judgment recognizes the claimant's right to restitution of the item (Art. 85). Excluded are restitutions of items sold on credit and delivered to the debtor in the 15 days prior to bankruptcy, if already alienated (Art. 85, paragraph 1).

## Limits
1. Does not apply if the item no longer exists at the time of the request (Art. 86, I): the claimant will receive the updated value of the appraisal or sale price.
2. Restitution in cash: applies to the amount delivered to the debtor in currency (Art. 86, II).
3. Scope exclusion: does not apply to judicial recovery processes or other extrajudicial procedures.
4. Bond: the claimant who wishes to receive the asset before the judgment becomes final must provide a bond (Art. 90, paragraph 1).
5. Suspension: the restitution request suspends the availability of the item until the judgment becomes final (Art. 91).