Atlas · Governance
Deadline for challenging an auction is 48 hours
AnswerThe deadline for creditors, the debtor, or the Public Prosecutor's Office to file challenges to an auction is 48 hours, counted from the auction date.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Deadline | Source | Data of record |
|---|---|---|---|
| Creditors, debtor, or Public Prosecutor's Office | 48 hours from the auction | Law No. 11.101/2005, art. 143 | 09/02/2005 (current version updated by Law No. 14.112/2020) |
Data consulted on 02/10/2026.
Basis
- Law No. 11.101/2005 (Planalto, in Portuguese): Article 143 states that any creditor, the debtor, or the Public Prosecutor's Office may challenge the auction within 48 hours of its completion, with a judicial decision issued within 5 days.
How it applies
The 48-hour deadline starts from the auction date. After this period, challenges will no longer be accepted, except in exceptional cases provided by law. The judge decides on the challenge and must rule within 5 days, as per Article 143 of Law 11.101/2005.
Limits
- The deadline does not apply to challenges based solely on the sale price of the asset, which will only be accepted if there is proof of an undervalue or material error (Art. 143, § 1°).
- Law 11.101/2005 does not cover challenges in out-of-court recovery processes or sales not regulated by the Bankruptcy Law.
- The consulted version is updated by Law 14.112/2020; subsequent changes must be verified directly from the official source.
- The challenge must be submitted to the judge via petition, accompanied by documents and evidence (Art. 13 of Law 11.101/2005).