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Deadline for delivering the item after a judgment recognizing the right to restitution is 48 hours

AnswerThe 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.

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

Data

WhoSituationDeadline for deliverySourceData of record
Owner of property seized in bankruptcy or in the debtor's possession on the date of bankruptcy declarationJudgment recognizing the right to restitution48 hoursLaw 11.101/2005, Art. 8809/02/2005

Data consulted on 02/10/2026.

Basis

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).

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