Atlas · Governance
Maximum suspension period for mediation or prior conciliation is 60 days
AnswerThe maximum suspension period for executions in mediation or prior conciliation attempts is 60 days, as per art. 13, § 1º, of Law 11.101/2005 (amended by Law 14.112/2020).
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Suspension period | Condition | Source | Data of record |
|---|---|---|---|---|
| Company with judicial or extrajudicial recovery request | Up to 60 days | Suspension of executions for mediation or prior conciliation attempts, initiated before Cejusc or a specialized chamber | Law 11.101/2005, art. 13, § 1º | 07/01/2021 (amendment by Law 14.112) |
Data consulted on 02/10/2026.
Basis
- Law No. 11.101/2005 (Planalto, in Portuguese): art. 13, § 1º, establishes that companies with judicial or extrajudicial recovery requests may obtain suspension of executions for up to 60 days for mediation or prior conciliation attempts, provided the procedure is initiated before Cejusc or a specialized chamber.
How it applies
The suspension of up to 60 days is granted through an urgent precautionary injunction request, as per the Civil Procedure Code (arts. 305 and following). The period starts from the grant of the measure and must be used for negotiations in pre-trial mediation or conciliation, observing arts. 16 and 17 of Law 13.140/2015 (Mediation Law). The suspension does not apply to labor credits, which may be concluded after the deadline.
Limits
- The suspension does not cover labor credits, which may be executed normally after the 60-day period (art. 13, § 5º, of Law 11.101/2005).
- Mediation or conciliation cannot address the legal nature or classification of credits, nor voting criteria in general creditors' meetings (art. 13, § 2º).
- If there is a judicial or extrajudicial recovery request within 360 days after the agreement reached in mediation, the creditor's rights and guarantees are reinstated under original conditions (art. 20-C, paragraph only).
- This record addresses only the suspension provided in art. 13, § 1º, of Law 11.101/2005; other suspension forms (such as those provided in art. 6º of the same law) follow different rules.
- The versions read are those published by Planalto; any subsequent changes should be verified in the official source before any decision.