Atlas · Capital markets
Maximum term of prohibition to contract with official financial institutions is up to 5 years
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data date |
|---|---|---|---|---|
| Accused | Infringement investigated by the Securities and Commission | Prohibition to contract with official financial institutions for up to 5 years, cumulatively to the penalties of the caput | Law 6.385/1976, art. 11, § 13 | 13/11/2017 (wording of Law 13.506) |
Data consulted on 02/10/2026.
Basis
- Law No. 6.385/1976 (Planalto, in Portuguese): art. 11, § 13, establishes that the Securities and Commission may prohibit the accused from contracting, for up to 5 years, with official financial institutions, in addition to the penalties provided in the caput.
How it applies
The restrictive penalty is applied by the Securities and Commission additionally to the penalties provided in the caput of article 11 of Law 6.385/1976. The measure bars the accused from entering into contracts with official financial institutions for a period of up to 5 years, also covering the prohibition to participate in bidding processes whose object is acquisitions, alienations, execution of works and services, and concessions of public services within the scope of the federal, state, district, and municipal public administration, as well as in indirect public administration entities, aiming to punish infringements investigated in the capital market according to current legislation and ensuring proper supervision of the financial sector rules.
Limits
- The factsheet exclusively addresses the maximum term of prohibition to contract with official financial institutions as an additional penalty according to the cited legal provision, keeping the application restricted to the Brazilian capital market and to the accused penalized by the federal regulatory agency.
- Subsequent changes in the applicable legislation must be checked directly at the official source of Planalto, strictly respecting the limits and terms established in the current norm.