Statute of limitations: Opportunity to close cases concerning consumer matters

As 2023 comes to a close, and aware of the large backlog of procedures and administrative proceedings pending judgment, the National Consumer Secretariat (“SENACON”) will set up a Task Force to evaluate, correct, and remedy these cases from December 19, 2023, to January 19, 2024, in compliance with Ordinance No. 36, of December 20, 2023, as published in the Federal Official Gazette of Brazil on December 21, 2023.

This is a great opportunity for companies to revisit their backlog of administrative procedures and proceedings involving the Federal Government in consumer matters, in order to identify those that have been on hold for more than three years and, if necessary, request recognition of the inter-current statute of limitations as well as the consequent shelving of the procedure.

This measure is only possible because of Law No. 9,873/1999, which established the limitation period for the punitive action by the Federal Government, although the limitation period can vary in claims that involve state and municipal administrations.

Demarest’s Dispute Resolution team is monitoring SENACON’s work closely and remains available to provide any further clarifications.