Atlas · Taxation
Imprisonment for a depositor who fails to return the deposit does not exceed one year
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data date |
|---|---|---|---|---|
| Depositary | Failure to return voluntary or necessary deposit when demanded | Imprisonment not exceeding one year and compensation for damages | Lei 10.406/2002, art. 652 | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Lei n.º 10.406/2002 (Planalto, in Portuguese): Article 652 establishes that, whether the deposit is voluntary or necessary, the depositary who fails to return it when demanded shall be compelled to do so by imprisonment not exceeding one year, and compensate for damages.
How it applies
The rule applies to both voluntary and necessary deposits in cases where the depositary does not return the item when demanded by the depositor. The foreseen measure consists of compelling the depositary to return the item by means of imprisonment limited to a maximum period of one year, coupled with the duty to compensate for the damages caused. According to Lei 10.406/2002, the deposit contract receives a movable object to keep until the depositor claims it. The depositary is obliged to have the care and diligence with the deposited item that they usually have with their own property, as well as to return it with all fruits and increments when demanded by the depositor.
Limits
- This sheet is strictly limited to the maximum imprisonment period provided in the Civil Code for the unfaithful depositary, without examining subsequent constitutional case law on the matter.
- The provided text does not address procedural rules for enforcing the measure.
- Subsequent legislative amendments must be checked with the official source on Planalto. The depositary is not liable for cases of force majeure, but to have the excuse apply, they must prove them. The depositor is obliged to pay the depositary the expenses made with the item and the damages arising from the deposit.