Atlas · Compliance
Prescription period for violations under Law 12.846/2013 is 5 years
AnswerViolations under this Law expire in 5 years, starting from the date the violation becomes known or, in the case of a permanent or continuous violation, from the day it ceased.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Event | Period | Initial Term | Source | Data date |
|---|---|---|---|---|
| Violation prescription | 5 years | Date of knowledge of the violation | Law 12.846/2013, art. 25 | 01/08/2013 |
| Permanent/continuous violation prescription | 5 years | Day the violation ceased | Law 12.846/2013, art. 25 | 01/08/2013 |
| Prescription interruption | N/A | Commencement of investigation process | Law 12.846/2013, art. 25, single paragraph | 01/08/2013 |
Data consulted on 02/10/2026.
Basis
- Law No. 12.846/2013 (Planalto, in Portuguese): art. 25 establishes the 5-year prescription period for violations, defines the initial term and the cause of interruption through the commencement of administrative or judicial investigation proceedings.
How it applies
The five-year period applies to administrative violations defined in Law 12.846/2013. The countdown begins the moment the public administration becomes aware of the irregularity. For practices that extend over time (permanent or continuous violations), the prescription period only begins to run from the date the illicit conduct ends. Prescription is interrupted the moment the administrative or judicial proceeding to investigate the legal entity's liability is established.
Limits
- This sheet is limited to the prescription period established in article 25 of Law 12.846/2013.
- The text does not cover rules on intermediate prescription or other prescription regimes provided for in separate legislation (such as the Administrative Improbity Law or Law 8.666/1993).
- Subsequent changes to the legislation must be verified at the official source (Planalto) before any decision.