SettleADebt C_BR PASS-05 — Brazil
Distinct component: Prescription, accrual, suspension and interruption for an ordinary unsecured civil consumer-contract money claim.
Baseline: October 22, 2026, America/Los_Angeles.
Fresh source access: October 26, 2026 PDT / October 27, 2026 UTC. Individual source-search and opening clock times were not logged and remain unknown.
Status: Narrow research report and publication hold. It is not an individualized limitation opinion, provider clearance, contract acceptance, or country acceptance.
This pass independently reads the necessary current Civil Code, Consumer Defense Code, Civil Procedure Code, protest legislation and official STJ materials. It adopts none of the unreviewed PASS-04 conclusions as a premise. PASS-02/PASS-03 correspondent and workflow-provenance matters remain separate.
Executive determination
For the stipulated ordinary branch, the decisive classification is not “consumer debt” or “bank debt.” It is the nature and documentation of the particular claim.
- A claim to collect a liquid debt stated in a public or private instrument ordinarily points to the five-year period in Civil Code art. 206 §5(I). An official January 2026 STJ digest applies that provision to a liquid debt in a private contract, while making clear that certainty, liquidity and enforceability depended on the contract’s conditions having occurred. Planalto+1
- Civil Code art. 205’s ten-year period is a fallback only when the law has not fixed a shorter period. An official STJ case summary illustrates use of ten years where the contractual claim was illiquid and did not fit a more specific category. That does not mean every disputed contract receives ten years. Planalto+1
- The clock ordinarily cannot run before the obligation is due. A fixed-term positive and liquid obligation places the debtor in mora upon nonpayment at maturity; an obligation without a fixed term may require judicial or extrajudicial demand to constitute mora. Accrual still depends on when the creditor’s enforceable pretensão actually arose under the contract and applicable law. Planalto+3
- Prescription can be interrupted only once. A qualifying citation order, judicial protest, specified protest route, or unequivocal act by the debtor acknowledging the creditor’s right may interrupt it. A creditor’s own letter or phone call is not, without more, a debtor acknowledgment. Planalto+2
- Filing a suit does not by itself answer every timing question. The citation order’s interruption can relate back to filing only under the procedural conditions in CPC art. 240, including the claimant’s timely diligence. Court-caused delay alone does not prejudice the claimant. Planalto
- Prescription extinguishes the judicially enforceable pretensão described in Civil Code art. 189; it does not necessarily erase the underlying obligation as though it had never existed. Civil Code art. 882 says a voluntary payment made to satisfy a prescribed debt cannot be reclaimed solely on that ground. Planalto+1
- The federal credit-reporting clock is different. CDC art. 43 has its own five-year negative-information boundary and a rule tied to prescription of the collection claim. It does not make every consumer debt substantively prescribed after five years. Planalto
- The nationwide rule for extrajudicial pursuit of a prescribed debt remains unsettled at the STJ repetitive-precedent level. The current official page for Tema 1264 still says Em Julgamento, with no judgment, published opinion or finality recorded and a last update of September 21, 2026. A 2024 Third Panel decision reported by the STJ took a restrictive position on extrajudicial collection but distinguished passive inclusion in a negotiation platform. That panel report is not a completed Tema 1264 thesis. Processo STJ+1
No actual deadline can be calculated without the operative contract, obligation type, maturity history, acceleration terms, payment or acknowledgment records, protest history, litigation chronology and any applicable suspension facts.
G1. Exact category, accrual and period
G1.1 Period-selection matrix
| Claim category |
Federal period or treatment |
Exact predicate and retained limit |
| Liquid debt contained in a public or private instrument |
Five years |
Civil Code art. 206 §5(I). The amount and obligation must be liquid and be contained in an instrument. A generic account label, invoice entry or creditor spreadsheet does not establish those predicates by itself. Planalto+1 |
| Contractual claim with no applicable shorter period |
Ten years |
Civil Code art. 205 is the residual rule. The official STJ 2019 summary applied it to a materially illiquid contractual claim. The correct result depends on why art. 206 or special law does not fit. Planalto+1 |
| Interest, dividends or another accessory payable in periods not exceeding one year |
Three years |
Civil Code art. 206 §3(III). Whether an amount is a separately periodic accessory or part of one liquid principal balance requires the contract and statement methodology. Planalto |
| Payment of a credit title |
Potential three-year or special-law period |
Civil Code art. 206 §3(VIII) expressly preserves special-law treatment. Notes, cheques, duplicatas and other negotiable instruments are excluded from this pass. Planalto |
| Consumer claim for an apparent service/product defect |
CDC decadence framework, not this creditor claim |
CDC art. 26 governs particular consumer defect complaints; it does not choose the creditor’s period to collect an ordinary contract balance. Planalto |
| Consumer claim for damage from a product/service fact |
CDC art. 27 five-year damages period |
That is a consumer reparation claim beginning from knowledge of damage and authorship, not automatically the creditor’s collection claim. Planalto |
| Judgment or another later enforcement title |
Separate procedural/enforcement analysis |
A judgment can change the operative enforcement posture. Full postjudgment duration, enforcement and revival are outside this pre-judgment ordinary-contract branch. |
Narrow classification rule
For the stipulated claim, the five-year provision requires more than the words “written contract.” The evidence should identify:
- the exact instrument;
- the debtor and creditor;
- the obligation created;
- the ascertainable amount or contractual calculation mechanism;
- the maturity date or condition;
- any later agreement changing those terms; and
- whether special product or negotiable-instrument law displaces the Civil Code rule.
An instrument may be sufficient to evidence a liquid debt under Civil Code art. 206 §5(I) without necessarily satisfying every formality for direct execution under CPC arts. 783–784. Direct execution requires a certain, liquid and enforceable obligation and a qualifying executive-title category; a private document signed only by the debtor, for example, is not automatically the CPC art. 784(III) two-witness title. That procedural distinction does not by itself convert a five-year liquid claim into a ten-year illiquid claim. Planalto
G1.2 Accrual and maturity
Civil Code art. 189 provides the general accrual concept: upon violation of the right, a pretensão arises, and prescription extinguishes that claim after the applicable period. Civil Code art. 199(II) says prescription does not run while the obligation is not yet due. Planalto+1
The relevant branches are:
| Obligation configuration |
Accrual/mora gateway |
Missing facts |
| Fixed due date and liquid positive obligation |
Nonpayment at maturity ordinarily places the debtor in mora automatically under CC art. 397. |
Contract, actual maturity, payment history, grace provision and special law. |
| No due date specified |
CC art. 331 may make the obligation immediately demandable, but CC art. 397 sole paragraph uses judicial or extrajudicial demand to constitute mora. |
Whether demand is merely a default formality or a substantive condition to the particular claim. |
| Suspensive condition |
Prescription does not run while the condition is pending; CC arts. 125 and 199(I). |
Condition, occurrence date and notice requirements. |
| Instalment contract |
Each due instalment ordinarily presents its own maturity and exigibility question. |
Complete schedule, payment allocation, acceleration clause and notices. |
| Optional acceleration after default |
No universal start date is adopted here. |
Whether acceleration is automatic or optional, for whose benefit, and whether current product-specific authority treats it as changing the prescription start. |
| Debt amount requires later liquidation |
Five-year liquid-instrument classification may fail until the amount is sufficiently determinable. |
Contractual formula, supporting documents and whether the amount was liquid at accrual. |
The STJ’s public materials illustrate, but do not universally settle, instalment treatment. A 2021 official summary concerning payroll-deducted lending treated overdue instalments as individually subject to the five-year period. A 2020 summary in the different condominium context also linked exigibility to each instalment’s maturity. Those product-specific decisions do not establish one acceleration rule for every ordinary consumer contract. STJ+1
G1.3 Principal, interest and accessories
A single account may contain components governed by different classifications:
- principal contained in a liquid written instrument may invoke art. 206 §5(I);
- separately payable periodic interest or another accessory within art. 206 §3(III) may invoke three years;
- a capitalized, incorporated or judicially liquidated amount may require a different analysis; and
- collection costs, penalties and professional fees cannot be assigned a period merely because they appear on the same statement.
No claim is made here that every interest component expires before the principal. The actual contractual structure, calculation method and relief requested control.
G1.4 Prescription versus decadence
For this stipulated ordinary money-collection branch, the relevant issue is generally prescrição of the collection pretensão, not decadência of a power to alter a legal relationship. Civil Code arts. 207–211 expressly treat decadence differently, including the general nonapplication of prescription’s impediment, suspension and interruption rules unless the law provides otherwise. Planalto
The CDC’s thirty- or ninety-day defect-complaint periods and its five-year damages provision should therefore not be pasted onto a creditor’s ordinary contract collection claim.
G1.5 Substantive claim versus reporting clock
CDC art. 43 §1 prohibits consumer database retention of negative information for more than five years. Section 5 prevents credit-protection systems from supplying information that impedes new credit once the action to collect the consumer debt is prescribed. Those provisions regulate reporting consequences; they do not select the original substantive prescription period for every underlying debt or establish that the obligation has been erased. Planalto
G2. Interruption, suspension, acknowledgment and litigation
G2.1 Impediment and suspension
The Civil Code identifies specific situations in which prescription does not begin or does not continue. Consumer status, hardship, negotiation activity or a collector’s delay is not itself a general suspension event.
| Provision |
Actor/condition |
Effect and limit |
| CC art. 197(I) |
Between spouses while the marital society continues |
Prescription does not run during the protected relationship. |
| CC art. 197(II) |
Between ascendants and descendants during parental authority |
Prescription does not run during that relationship. |
| CC art. 197(III) |
Between a ward/person under curatorship and tutor/curator during the relationship |
Prescription does not run during the protected relationship. |
| CC art. 198(I) |
Against persons absolutely incapable under current CC art. 3 |
The current art. 3 class principally concerns persons under sixteen. Actual capacity and representation require proof. |
| CC art. 198(II)–(III) |
Against persons serving abroad for the Union, states or municipalities, and against armed forces members in wartime |
Narrow statutory categories; no general consumer extension. |
| CC art. 199(I) |
Pending suspensive condition |
Clock does not run until the condition is resolved as legally required. |
| CC art. 199(II) |
Obligation not yet due |
Clock does not run before maturity. |
| CC art. 199(III) |
Pending eviction action specified by the Code |
Specialized branch, ordinarily irrelevant to the stipulated claim. |
| CC art. 200 |
Civil claim depends on fact to be determined in criminal court |
Prescription does not run before the final criminal judgment where the statutory dependency applies. |
| CC art. 201 |
Suspension in favor of one solidary creditor |
Benefits others only if the obligation is indivisible. |
Mechanical distinction: an impediment prevents the clock from starting; a suspension preserves the time already elapsed and the remainder continues when the cause ends; an interruption resets the applicable period from the interruptive act or the last relevant procedural act. The reset rule is express in CC art. 202 sole paragraph. The preservation/resumption description is a structural reading of the Code’s separate suspension and interruption sections, not an authorization to invent an unrecorded suspension period. Planalto
G2.2 One-time interruption
Civil Code art. 202 says prescription may be interrupted only once. The STJ’s official 2022 summary states that a creditor cannot obtain one interruption for an extrajudicial event and another for judicial citation in the same prescription sequence merely because the causes differ. Planalto+1
The relevant statutory routes are:
| Route |
Required act |
Effect and adverse branch |
| Citation order |
A judge, even an incompetent one, orders citation, and the claimant promotes it in the time and manner required by procedural law. |
Interruption may relate back to filing under CPC art. 240. Failure of required claimant diligence can defeat retroactivity. |
| Judicial protest |
A judicial protest meeting the conditions applicable to the citation-order route. |
Must be an actual judicial act, not a private demand letter. |
| Protest route |
A qualifying formal protest under the applicable statutory framework. |
Instrument eligibility and the exact interruptive route must be verified. The notary does not determine whether prescription has occurred. |
| Filing a title in an inventory or creditor competition |
The qualifying title is presented in the statutory proceeding. |
Proceeding and title must actually fit CC art. 202(IV). |
| Judicial act constituting default |
A judicial act places the debtor in mora. |
An ordinary collector letter is not a judicial act. |
| Debtor acknowledgment |
An unequivocal act by the debtor, even extrajudicial, recognizes the creditor’s right. |
Creditor-originated assertions, generic discussions or expressly disputed proposals do not automatically satisfy the debtor-acknowledgment requirement. |
Filing, citation and diligence
CPC art. 240 provides:
- valid citation produces procedural effects;
- interruption caused by the citation order relates back to the filing date;
- the claimant must adopt the necessary measures within ten days to make citation possible;
- delay attributable exclusively to the judicial service does not prejudice the party; and
- the retroactivity rule also applies to decadence and other statutory extinguishing periods.
The ten-day diligence requirement is a procedural deadline. CPC art. 219 says days in procedural deadlines are counted in business days; CPC art. 224 excludes the opening day and includes the ending day, subject to its procedural endpoint rules. No calendar date for those ten days can be produced without the filing date, notice date, court calendar, local holidays and the exact act the court required. Planalto+2
The same basic retroactivity appears in execution under CPC art. 802, subject to art. 240 §2. An execution filed before the applicable condition or term, or without a certain, liquid and enforceable title, is vulnerable under CPC art. 803. Planalto
Protest and pre-protest negotiation
Lei 9.492/1997 defines protest as the formal and solemn act proving default or nonperformance arising from titles and other debt documents. Its art. 9 directs the notary to inspect formal characteristics and expressly says the notary does not investigate prescription or caducity. A completed protest is therefore not an adjudication that the claim was timely. Planalto+1
Since Lei 14.711/2023, Lei 9.492 art. 11-A permits a pre-protest settlement proposal. Section 1 gives the proposal’s presentation date interruptive effect only when:
- the creditor actually uses that statutory route;
- prior negotiation fails; and
- the presentation is converted into a protest.
A unilateral ordinary settlement invitation outside that statutory process does not acquire the same rule merely because it mentions a future protest. Planalto+1
G2.3 Acknowledgment, partial payment and new agreements
Unequivocal acknowledgment
CC art. 202(VI) focuses on an act by the debtor that unequivocally recognizes the creditor’s right. Relevant evidence might include a signed admission, a payment accompanied by an undisputed balance acknowledgment or a new schedule that clearly confirms the debt.
It does not follow that:
- answering a collection call;
- requesting documents;
- saying “I cannot pay”;
- discussing a hypothetical discount;
- offering a nuisance payment while expressly disputing liability; or
- receiving the creditor’s letter
automatically interrupts prescription. Those facts must be interpreted in their full context.
Partial payment
A partial payment can be evidence of acknowledgment, but no categorical rule is adopted that every payment restarts every clock. Necessary facts include:
- who made it;
- which debt it was allocated to;
- whether the balance was admitted or disputed;
- whether payment occurred before prescription completed;
- whether another interruption had already occurred; and
- whether the payment was part of a new agreement.
If prescription had already completed, the legal issue is no longer a pre-expiration interruption. It may concern waiver, voluntary payment or a new obligation.
Novation and confirmation
Civil Code arts. 360–364 govern novation. Article 361 states that without unequivocal animus novandi, a second obligation merely confirms the first rather than replacing it. The document must establish whether it:
- replaces the original debt;
- changes only payment mechanics;
- acknowledges the existing balance;
- settles disputed rights; or
- creates a distinct new obligation. Planalto+1
After prescription completes, CC art. 191 allows express or tacit waiver only if no third party is prejudiced; tacit waiver rests on conduct incompatible with invoking prescription. A later payment plan therefore cannot be labeled automatically as “revival for five more years” without examining waiver, novation, validity, amount, consideration, creditor authority and the new maturity terms. Planalto
G2.4 Effects among multiple parties
Civil Code arts. 203–204 regulate who may interrupt and which parties are affected. Among other distinctions, interruption against the principal debtor can affect the guarantor, while effects among solidary debtors and heirs depend on solidarity, indivisibility and the specific actor. This pass does not decide guaranty or joint-liability merits; it preserves only the warning that an event involving one person cannot automatically be assigned to every obligor. Planalto
G2.5 Intercurrent prescription
Current Civil Code art. 206-A says prescrição intercorrente uses the same period as the underlying pretensão, subject to the Civil Code’s impediment, suspension and interruption provisions and CPC art. 921. The present wording was enacted through Lei 14.382/2022 after the earlier Lei 14.195/2021 insertion was revoked and replaced. Planalto+2
Under current CPC art. 921:
- execution is suspended when neither the debtor nor attachable assets are found;
- the court suspends the execution for one year, during which prescription is suspended;
- after that year the proceeding is archived if the problem remains;
- the in-proceeding clock begins upon knowledge of the first unsuccessful attempt to locate the debtor or assets, with the one-time statutory suspension;
- effective citation, debtor notice or attachment can interrupt, provided the creditor observes procedural or court-set deadlines;
- the court may recognize intercurrent prescription after hearing the parties for fifteen days; and
- the rule also applies to judgment enforcement.
CPC arts. 924(V) and 925 separately connect intercurrent prescription to termination of execution and require judicial declaration by sentence. Planalto+2
This is not an invitation to calculate intercurrent prescription from an account statement. It requires the actual proceeding, docket chronology, failed-search event, party knowledge, suspension order, asset discoveries, effective procedural acts and diligence. No actual docket was searched.
G3. Consequences, procedure and adverse branches
G3.1 Judicial recognition
Civil Code art. 193 permits the beneficiary to raise prescription at any level of jurisdiction. CPC art. 487(II) treats a decision on prescription or decadence as a merits determination. Except for the liminal-impropriety situation in CPC art. 332 §1, the court must give the parties an opportunity to address prescription before recognizing it. CPC arts. 9–10 reinforce the general prohibition against an adverse surprise decision, including on a matter the court may examine on its own initiative. Planalto+3
Accordingly:
- a spreadsheet date does not itself establish a judicial defense;
- a court may need evidence about maturity, liquidity, acknowledgment, protest, citation and suspension;
- a limitation issue can be contested rather than mechanically self-executing;
- procedural waiver, res judicata and the posture of a later judgment remain separate questions; and
- no provider should promise a guaranteed prescription ruling.
G3.2 Effect on the claim and underlying obligation
The Civil Code uses the language that prescription extinguishes the pretensão arising from violation of a right. Article 882 then provides that a person cannot reclaim what was voluntarily paid to satisfy a prescribed debt or another judicially unenforceable obligation. Read together, these provisions do not support advertising that prescription automatically “cancels,” “forgives” or reduces the accounting balance to zero for every purpose. Planalto+1
The consequences can therefore differ:
| Question |
Narrow result |
| Judicial action to collect |
Vulnerable to recognition of prescription if the applicable period elapsed without a qualifying impediment, suspension or interruption. |
| Existing execution |
Separate intercurrent-prescription and procedural rules apply. |
| Underlying debt |
Not necessarily treated as nonexistent. |
| Voluntary payment |
Not recoverable solely because the paid debt was prescribed, under CC art. 882. |
| New agreement |
May involve acknowledgment, waiver, confirmation, settlement or novation; document-specific. |
| Credit reporting |
Governed by the distinct CDC art. 43 clock and full reporting law. |
| Setoff |
Not resolved by this pass as a blanket surviving remedy. |
| Extrajudicial request for payment |
Current nationwide repetitive-precedent question remains pending under Tema 1264. |
G3.3 Extrajudicial collection: present uncertainty
The official STJ Tema 1264 page frames the question as whether a prescribed debt may be demanded extrajudicially, including placement of the debtor’s name on agreement or renegotiation platforms. It remained Em Julgamento on the official page last updated September 21, 2026; the listed cases had no judgment date, published opinion or finality. The page also records broad suspension of proceedings involving the issue. Processo STJ+1
An August 2024 STJ news report concerning a Third Panel decision says that prescription prevented judicial and extrajudicial collection in that case, while the particular platform entry was considered a voluntary-negotiation mechanism rather than collection. This supplies important official interpretive evidence, but it must not be represented as the final Tema 1264 rule. STJ
The safe publication position is therefore:
A supported prescription conclusion may bar the judicial collection pretensão. The precise federal boundary between prohibited extrajudicial collection, a passive voluntary-negotiation offer, account history and related consumer practices remains under active STJ repetitive review. Collection conduct, harassment, reporting and LGPD issues require separate analysis.
G3.4 Setoff
Civil Code art. 190 says an exceção prescribes in the same period as the pretensão. Civil Code arts. 368–369 require reciprocal obligations that are liquid, due and fungible for ordinary legal setoff. These provisions do not establish a universal right to use a prescribed consumer debt affirmatively as a setoff after its collection claim has expired. Planalto+1
A real setoff question would require:
- reciprocal creditor/debtor identities;
- both obligations;
- maturity and liquidity;
- the date and method of asserting setoff;
- whether the setoff conditions existed before prescription;
- contract exclusions; and
- current doctrinal and judicial authority.
That merits branch remains unresolved.
G3.5 Credit reporting remains separate
The five-year maximum in CDC art. 43 §1 is not a universal collection period. Section 5’s post-prescription reporting consequence is tied to the actual prescription of the collection action, which must first be classified under Civil Code or special law. Full database correction, positive-credit, LGPD, notice, damages and local enforcement issues remain deferred. Planalto
G4. Seven conditional fictional workflows
All people, instruments, dates and amounts below are invented. The calculations demonstrate conditional mechanics, not actual legal deadlines or advice.
H01 — Single written liquid contract, maturity known
Facts. A consumer signed an ordinary private written contract stating a liquid unsecured balance. The whole balance was due June 30, 2021. Assume no special product law, no negotiable instrument and no suspension.
Category: Civil Code art. 206 §5(I), conditionally five years.
Uninterrupted illustration
- Assumed legally relevant start: June 30, 2021.
- Applicable stipulated period: 5 years.
- Civil-year formula: June 30, 2021 + 5 years = June 30, 2026.
- Under CC art. 132, the beginning day is excluded and the ending day included; a legal-holiday endpoint moves to the next business day.
Alternative interruption. Assume the debtor signed an unequivocal acknowledgment on September 15, 2023, and no earlier interruption occurred.
- First qualifying interruption: September 15, 2023.
- Fresh period: September 15, 2023 + 5 years = September 15, 2028.
This alternative fails if the document was not unequivocal, was signed by the wrong actor, concerned another debt, occurred after prescription had completed, or followed an earlier interruption.
Claims/sources: C002, C010–C012, C026, C033 and C055; S001 arts. 132, 189, 199, 202 and 206 §5(I).
Missing proof: Contract, maturity clause, balance calculation, payment ledger, acknowledgment and complete event history.
Adverse branch: If the amount was materially illiquid, five years may not be the correct classification. If a special credit title existed, another period may control.
Exact next question: On the alleged accrual date, did the instrument itself establish a presently due and ascertainable debt? Planalto+3
H02 — Leap-day maturity
Facts. A stipulated liquid written balance became enforceable on February 29, 2024. No interruption or suspension occurred.
Conditional calculation
- Start: February 29, 2024.
- Five years later, 2029 has no February 29.
- CC art. 132 §3 states that month/year periods expire on the same-numbered day or on the immediate following day when exact correspondence is absent.
- Conditional endpoint: March 1, 2029.
Formula:
February 29, 2024 + 5 civil years = March 1, 2029 because February 29, 2029 does not exist.
If March 1 were a legally relevant holiday, CC art. 132 §1 would move the endpoint to the next business day. No holiday determination is made here.
Suspension branch: If a legally supported suspension lasted S verified calendar days, the analysis is not safely “March 1, 2029” without applying the exact suspension dates. Symbolically:
adjusted endpoint = base endpoint + verified unconsumed suspension interval
The actual method must respect when the suspension began and ended; a round number cannot be invented.
Claims/sources: C002, C011, C022–C025 and C055.
Missing proof: Exact accrual event, applicable relationship/capacity facts and all suspension evidence.
Adverse branch: A condition may have delayed accrual beyond February 29, or the obligation may not have been liquid.
Exact next question: What event made the creditor’s claim immediately enforceable on February 29, rather than merely creating the contract? Planalto+1
H03 — Instalments and uncertain acceleration
Facts. An ordinary unsecured written agreement has twelve liquid instalments due on the fifteenth of each month from January through December 2022. A creditor sent an “acceleration” notice on March 15, 2022, but the clause and delivery proof are absent.
Conditional per-instalment illustration
- First instalment: January 15, 2022 + 5 years = January 15, 2027.
- Last instalment: December 15, 2022 + 5 years = December 15, 2027.
Each date remains subject to a qualifying interruption, suspension and endpoint rule.
Acceleration branch: This pass does not collapse every instalment into one March 15, 2022 start. The answer depends on:
- automatic versus optional acceleration;
- whether the clause benefits only the creditor;
- whether notice was contractually required and proved;
- whether acceleration made future instalments immediately enforceable;
- whether the creditor later waived acceleration; and
- current authority for the exact product and procedural route.
Claims/sources: C014–C015 and C058.
Missing proof: Full schedule, clause, notice, receipt, payments and product classification.
Adverse branch: A negotiable title or regulated credit product may have a special rule. A judgment or executed settlement may create a different title.
Exact next question: Did the contract and the proved notice legally change the maturity of every future instalment, or merely permit immediate suit at the creditor’s option? STJ+1
H04 — Proposed part payment and disputed acknowledgment
Facts. Before the assumed deadline, a consumer writes: “I dispute the stated balance, but I can pay R$100 to stop calls.” In an alternative version, the consumer signs: “I acknowledge owing R$12,000 under Contract X and agree to pay R$100 today.”
Conditional answer
- The first statement may be inconsistent with unequivocal recognition of the claimed right.
- The second is stronger evidence of acknowledgment but still requires authenticity, authority, debt matching and the absence of a prior interruption.
- The R$100 is an invented private amount, not a statutory threshold.
- No conclusion is made that either statement creates a novation.
Claims/sources: C026, C033–C038.
Missing proof: Complete communication, signature/authentication, allocation, contract and earlier events.
Adverse branch: Payment after prescription completed raises waiver/voluntary-payment issues rather than pre-expiration interruption.
Exact next question: Did the debtor unmistakably recognize the creditor’s legal right to the disputed balance, rather than merely discuss a practical resolution? Planalto+2
H05 — Suit filed just before the apparent endpoint
Facts. Assume a five-year claim began May 10, 2020, producing a conditional May 10, 2025 endpoint. The creditor filed suit May 9, 2025. Citation occurred later.
Conditional answer
Filing alone is not the entire analysis. The interruption may relate back to May 9 only if:
- the court issued the qualifying order directing citation;
- the claimant adopted the necessary citation measures within CPC art. 240 §2’s ten-day procedural period; and
- any remaining service delay was attributable exclusively to the court rather than claimant inaction.
The ten-day period is counted in procedural business days under CPC art. 219. No final diligence date can be calculated without the procedural starting notice and court holiday calendar.
Claims/sources: C027–C029 and C045–C048.
Missing proof: Petition timestamp, citation order, notice, required step, claimant response, addresses, service attempts and court-delay record.
Adverse branch: If the filing was before maturity, lacked a viable claim, or the claimant did not perform required steps, retroactivity may fail. A defendant’s spontaneous appearance may raise additional procedural issues not resolved here.
Exact next question: Which specific claimant-controlled step did the court require, when did the corresponding procedural period begin, and was that step timely completed? Planalto+1
H06 — Collector letter versus statutory protest
Facts. A creditor mails a unilateral demand on January 10, 2025. In another branch, an eligible debt document enters the Lei 9.492 art. 11-A pre-protest system.
Conditional answer
- The ordinary unilateral letter is not an unequivocal debtor acknowledgment under CC art. 202(VI).
- It might constitute extrajudicial demand for mora in a no-term obligation under CC art. 397 sole paragraph, but creating mora is not automatically the same as interrupting prescription.
- Under art. 11-A, the proposal-presentation date has interruptive effect only if prior negotiation fails and the matter is converted to protest.
- The notary’s acceptance does not adjudicate prescription.
Claims/sources: C031–C036.
Missing proof: Instrument eligibility, original maturity, protest submission, proposal date, failed negotiation, conversion and prior interruption history.
Adverse branch: A judicial protest or another qualifying formal act could operate differently. An ineligible document may not support the attempted route.
Exact next question: Was there a completed statutory protest process satisfying the relevant conditions, or only a private creditor communication? Planalto+2
H07 — Apparently prescribed debt, voluntary payment and new agreement
Facts. Assume a liquid written ordinary claim accrued August 1, 2018, and no event affected the clock.
Conditional initial calculation
August 1, 2018 + 5 years = August 1, 2023
In January 2026, the consumer voluntarily pays R$200 and signs a short payment paper.
Conditional answer
- The payment is not recoverable solely because it satisfied a prescribed debt, under CC art. 882.
- The R$200 payment does not retroactively “interrupt” a clock that had already completed.
- The paper might constitute express or tacit waiver, confirmation, settlement or a new obligation.
- A true novation requires animus novandi; without it, the later obligation may merely confirm the first.
- No conclusion is made that the entire old balance automatically acquired a fresh five-year period.
Claims/sources: C017–C018, C021 and C037–C039.
Missing proof: Exact paper, disclosures, amount, consideration, new maturity, parties and circumstances.
Adverse branch: Fraud, incapacity, abusive terms, invalid underlying work or third-party prejudice could affect the later agreement. Those merits are outside this pass.
Exact next question: What enforceable promise did the later document independently create, and does it clearly waive prescription or replace the old obligation? Planalto+2
G5. P01 old-to-new disposition
Literal reviewed P01 row preserved
| Original field |
Literal saved content |
| # |
D04 |
| Named deferred family |
Limitation, accrual and interruption |
| Gateway reference/status |
C004; Deferred |
| Exact next research action |
Map obligation types and current Civil Code/sector prescription, default and interruption authorities. |
Original coordinator status: explicit_deferred_hold_preserved.
PASS-05 addition
| P01 item |
Narrow PASS-05 result |
Remaining gate |
| D04 period selection |
Five years conditionally established for liquid debts in public/private instruments; ten years retained only as residual rule; three-year accessory and special-title branches separated. |
Actual contract, liquidity, product, title and relief requested. |
| D04 accrual |
Violation, maturity, condition and default rules identified. |
Exact maturity, demand, condition, instalment and acceleration facts. |
| D04 suspension/interruption |
Specific statutory causes and one-interruption limitation identified. |
Complete event chronology and authentic documents. |
| D04 litigation |
Citation-order retroactivity, diligence, party hearing and intercurrent rules identified. |
Actual docket, service attempts, diligence and court orders; no private case search performed. |
| D04 consequences |
Judicial pretensão, voluntary payment, reporting boundary and pending extrajudicial question separated. |
Tema 1264 disposition, current full citator, setoff and collection-conduct analysis. |
The original P01 row is not overwritten. PASS-05 supplies only a narrow federal ordinary-claim analysis. It does not approve any actual limitation defense, collection practice or debt-advice publication.
PASS-05 source register
Status key
- FRESH-READ—OPERATIVE: current enacted or compiled official legal body read.
- FRESH-READ—AMENDMENT: official enacted amending body read to trace current wording.
- FRESH-READ—OFFICIAL STATUS: official current court-status material.
- FRESH-READ—OFFICIAL INTERPRETATION: official court news or jurisprudence digest; not legislation or necessarily a repetitive holding.
- FAILED: attempted official direct body failed; no substantive proposition derived.
Access: October 26, 2026 PDT / October 27, 2026 UTC. Source-specific clock times are unknown. All opened materials were HTML; therefore zero-based PDF indices are not applicable. Printed gazette pages were not established from the opened HTML unless expressly stated.
| Source ID |
Issuer, title and full literal URL |
Exact body read, status, commencement/currentness and limits |
| C_BR-P05-S001 |
Presidência da República, Lei nº 10.406, de 10 de janeiro de 2002 — Código Civil, compiled. https://www.planalto.gov.br/ccivil_03/leis/2002/l10406compilada.htm |
FRESH-READ—OPERATIVE. Arts. 3; 125–132; 189–211; 331–333; 360–369; 394–397; 882; 2.028; 2.044. DOU January 11, 2002; art. 2.044 provides effect one year after publication. Current compiled wording read, including art. 206-A’s 2022 wording. Printed page not established; PDF index N/A. No exhaustive commercial citator or all-special-law review. Planalto+2 |
| S002 |
Presidência da República, Lei nº 13.105, de 16 de março de 2015 — Código de Processo Civil, compiled. https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2015/lei/l13105compilada.htm |
FRESH-READ—OPERATIVE. Arts. 9–10; 216; 219–224; 238–240; 332 §1; 487(II) and sole paragraph; 726; 783–784; 802–803; 921; 924–925; 1.045–1.046; 1.056. Art. 1.045 provides effect one year after official publication; immediate application/transition subject to cited provisions. Printed page not established; PDF N/A. No actual docket reviewed. Planalto+3 |
| S003 |
Presidência da República, Lei nº 8.078, de 11 de setembro de 1990 — Código de Defesa do Consumidor, compiled. https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm |
FRESH-READ—OPERATIVE. Arts. 2–3; 26–27; 43 §§1 and 5; 118. Article 118 provides effect 180 days after publication. Read only to classify the consumer relationship and separate defect/damage/reporting clocks from the ordinary creditor claim. Full reporting, LGPD and collection remedies deferred. Printed page not established; PDF N/A. Planalto+2 |
| S004 |
Presidência da República, Lei nº 14.195, de 26 de agosto de 2021. https://www.planalto.gov.br/ccivil_03/_ato2019-2022/2021/lei/l14195.htm |
FRESH-READ—AMENDMENT/HISTORY. Arts. 43–44 and 58; original insertion of CC art. 206-A, CPC art. 921 amendments and commencement. Article 43 was later revoked by Lei 14.382/2022 and is not treated as the current CC source. Relevant CPC changes were checked against current S002. DOU August 27, 2021; applicable residual provisions effective on publication. Printed page not established; PDF N/A. Planalto+2 |
| S005 |
Presidência da República, Lei nº 14.382, de 27 de junho de 2022. https://www.planalto.gov.br/ccivil_03/_ato2019-2022/2022/lei/l14382.htm |
FRESH-READ—AMENDMENT. Art. 14, current replacement wording of CC art. 206-A; art. 20(IX), revocation of Lei 14.195 art. 43; art. 21(II), effect on publication for relevant provisions. DOU June 28, 2022. Printed page not established; PDF N/A. Planalto+1 |
| S006 |
Presidência da República, Lei nº 9.492, de 10 de setembro de 1997 — Protesto de Títulos e Outros Documentos de Dívida, compiled. https://www.planalto.gov.br/ccivil_03/leis/l9492.htm |
FRESH-READ—OPERATIVE. Arts. 1–3, 8–9, 11-A and 40–42. Article 9 formal review/no notarial prescription inquiry; art. 11-A pre-protest negotiation. Effective on publication under final provision; DOU September 11, 1997. Printed page not established; PDF N/A. Instrument eligibility and state notarial implementation remain held. Planalto+2 |
| S007 |
Presidência da República, Lei nº 14.711, de 30 de outubro de 2023 — Marco Legal das Garantias, limited amendment read. https://www.planalto.gov.br/ccivil_03/_ato2023-2026/2023/lei/l14711.htm |
FRESH-READ—AMENDMENT. Art. 11 inserting Lei 9.492 art. 11-A; art. 19(II) effect on publication. DOU October 31, 2023. Secured-credit and other portions expressly excluded. Printed page not established; PDF N/A. Planalto+1 |
| S008 |
Superior Tribunal de Justiça, Tema Repetitivo 1264 — Precedentes Qualificados. https://processo.stj.jus.br/repetitivos/temas_repetitivos/pesquisa.jsp?cod_tema_final=1264&cod_tema_inicial=1264&novaConsulta=true&tipo_pesquisa=T |
FRESH-READ—OFFICIAL CURRENT STATUS. Status, question submitted, suspension note, representative cases and fields for judgment/publication/finality. Page says Em Julgamento and last updated September 21, 2026; no judgment or published opinion shown. Not an enacted rule or completed thesis. Printed page/PDF N/A. Processo STJ+1 |
| S009 |
Superior Tribunal de Justiça, “Para o STJ, dívida prescrita não admite cobrança extrajudicial”, August 30, 2024. https://www.stj.jus.br/sites/portalp/Paginas/Comunicacao/Noticias/2024/30082024-Prescricao-da-divida-impede-cobranca--mas-nao-inclusao-do-devedor-em-plataforma-de-negociacao-de-debito.aspx |
FRESH-READ—OFFICIAL INTERPRETATION. Third Panel news summary distinguishing extrajudicial collection from the specific negotiation-platform facts and stating the debt was not extinguished. Not a final Tema 1264 thesis or full opinion/citator. Printed page/PDF N/A. STJ |
| S010 |
Superior Tribunal de Justiça, “Regra geral de prescrição incide em cobrança de dívida ilíquida...”, March 12, 2019. https://www.stj.jus.br/sites/portalp/Paginas/Comunicacao/Noticias-antigas/2019/2019-03-12_09-13_Regra-geral-de-prescricao-incide-em-cobranca-de-divida-iliquida-que-nao-se-enquadra-em-conceito-de-contrato-de-constituicao-de-renda.aspx |
FRESH-READ—OFFICIAL INTERPRETATION. Third Panel summary applying residual ten-year period to a materially illiquid contractual debt. Contextual decision, not a universal rule for disputed consumer balances. Printed page/PDF N/A. STJ |
| S011 |
Superior Tribunal de Justiça, “Prescrição pode ser interrompida uma única vez, reafirma Quarta Turma”, October 21, 2022. https://www.stj.jus.br/sites/portalp/Paginas/Comunicacao/Noticias/2022/21102022-Prescricao-pode-ser-interrompida-uma-unica-vez--reafirma-Quarta-Turma.aspx |
FRESH-READ—OFFICIAL INTERPRETATION. Panel summary rejecting separate repeated interruptions based on different causes in the same sequence. Not a full citator for every multiple-obligation situation. Printed page/PDF N/A. STJ |
| S012 |
Superior Tribunal de Justiça, “Prazo prescricional vencido no recesso deve ser prorrogado para o primeiro dia útil seguinte”, November 21, 2014. https://www.stj.jus.br/sites/portalp/Paginas/Comunicacao/Noticias-antigas/2014/2014-11-21_08-30_Prazo-prescricional-vencido-no-recesso-deve-ser-prorrogado-para-o-primeiro-dia-util-seguinte.aspx |
FRESH-READ—OFFICIAL INTERPRETATION. Contextual panel summary concerning an endpoint during court recess. Used only as corroborating calendar interpretation, not as a universal local holiday calendar. Printed page/PDF N/A. STJ |
| S013 |
Superior Tribunal de Justiça, “Parcelas vincendas podem ser incluídas em execução de título executivo extrajudicial”, June 26, 2020. https://www.stj.jus.br/sites/portalp/Paginas/Comunicacao/Noticias/Parcelas-vincendas-podem-ser-incluidas-em-execucao-de-titulo-executivo-extrajudicial.aspx |
FRESH-READ—OFFICIAL INTERPRETATION. Condominium-fee procedural context; references separate instalment exigibility. Not a universal consumer-loan acceleration holding. Printed page/PDF N/A. STJ |
| S014 |
Superior Tribunal de Justiça, “Ação para cobrar parcelas de empréstimo consignado em folha de pagamento prescreve em cinco anos”, February 9, 2021. https://www.stj.jus.br/sites/portalp/Paginas/Comunicacao/Noticias/09022021-Acao-para-cobrar-parcelas-de-emprestimo-consignado-em-folha-de-pagamento-prescreve-em-cinco-anos.aspx |
FRESH-READ—OFFICIAL INTERPRETATION. Product-specific panel summary applying art. 206 §5(I) to liquid instalments and treating overdue instalments by their dates. Payroll-loan holding not generalized to every product. Printed page/PDF N/A. STJ |
| S015 |
Superior Tribunal de Justiça, Informativo de Jurisprudência — Edição Extraordinária nº 29, Direito Privado, January 20, 2026, item on contragarantia. https://scon.stj.jus.br/jurisprudencia/externo/informativo/?acao=pesquisarumaedicao&livre=%270023 |
FRESH-READ—OFFICIAL JUDICIAL DIGEST. Lines for AgInt no REsp 1.878.110-SP, decided October 27, 2025, DJEN November 3, 2025; liquid private-instrument debt and art. 206 §5(I), with condition/liquidity/exigibility discussion. Specific atypical contragarantia case, not a consumer-contract repetitive thesis. Printed page/PDF N/A. STJ |
| S016 |
Superior Tribunal de Justiça, direct item candidate for the same Informativo entry. https://scon.stj.jus.br/jurisprudencia/externo/informativo/?livre=@CNOT=022024 |
FAILED. Direct opening returned an internal error. No proposition rests on this failed response; S015’s readable official edition index was used as the reasonable official alternate. Printed page/PDF N/A. (Invalid URL) |
Displayed source count: 16.
Seven enacted or compiled primary legal bodies; eight official STJ status/interpretive bodies; one failed official direct-item route. No source-specific access time is asserted.
Atomic claim/evidence register
| Claim ID |
Area; atomic proposition, conditions, consequence and limit |
Source/pinpoint |
| C_BR-P05-C001 |
A098. This pass addresses only an ordinary unsecured civil consumer-contract money claim, not a negotiable title, secured claim, public claim or judgment. |
Scope limitation; no substantive universal inference. |
| C002 |
A097. Collection of a liquid debt contained in a public or private instrument is subject to five years under CC art. 206 §5(I), absent special law. |
S001 art. 206 §5(I); S015 item at lines 1915–1954. Planalto+1 |
| C003 |
A097. Ten years under CC art. 205 applies only where the law fixes no shorter period. |
S001 art. 205. Planalto |
| C004 |
A097. Liquidity and an instrument are substantive predicates; a materially illiquid contractual claim may fall under the residual rule if no specific period fits. |
S010; S015, contextual and nonrepetitive. STJ+1 |
| C005 |
A098. “Consumer,” “banking” or “credit” labels do not themselves select a prescription period. |
S003 arts. 2–3 identify relationship categories, not claim-period selection. Planalto |
| C006 |
A097. Separately periodic interest/accessories payable at intervals no longer than one year may fall under three years. |
S001 art. 206 §3(III); component characterization required. Planalto |
| C007 |
A097. Credit-title payment claims may have art. 206 §3(VIII) or special-law periods and are excluded. |
S001 art. 206 §3(VIII). Planalto |
| C008 |
A098. Ordinary money collection concerns prescription of a pretensão; decadence follows different rules. |
S001 arts. 189, 207–211. Planalto+1 |
| C009 |
A098. CDC arts. 26–27 do not automatically govern a creditor’s ordinary balance claim; they address defect complaints and specified damage reparation. |
S003 arts. 26–27. Planalto |
| C010 |
A097. The general claim arises when the right is violated. |
S001 art. 189. Planalto |
| C011 |
A097. Prescription does not run while the obligation is not due. |
S001 art. 199(II). Planalto |
| C012 |
A097. Nonpayment of a fixed-term positive liquid obligation ordinarily creates mora at maturity. |
S001 art. 397 caput. Planalto |
| C013 |
A097. Where no term exists, judicial or extrajudicial demand can be required to constitute mora, without automatically supplying an interruption. |
S001 arts. 331 and 397 sole paragraph. Planalto+1 |
| C014 |
A097. Instalments require separate maturity/exigibility analysis unless a valid rule changes it. |
S013–S014 contextual summaries. STJ+1 |
| C015 |
A098. Acceleration’s effect on prescription is not resolved universally; contract, notice, product and current authority are required. |
Bounded gap from S001/S013/S014; no generic acceleration rule adopted. |
| C016 |
A097. CPC executive-title status is procedural and does not automatically determine the substantive Civil Code period. |
S002 arts. 783–784; S001 art. 206 §5(I). Planalto+1 |
| C017 |
A098. Prescription extinguishes the pretensão, not necessarily the historical obligation for every purpose. |
S001 art. 189; S009 contextual confirmation. Planalto+1 |
| C018 |
A098. Voluntary payment of a prescribed debt is not recoverable solely on that ground. |
S001 art. 882. Planalto |
| C019 |
A098. CDC art. 43’s five-year reporting rule is distinct from the substantive collection period. |
S003 art. 43 §§1, 5. Planalto |
| C020 |
A098. Parties may not contractually alter statutory prescription periods. |
S001 art. 192. Planalto |
| C021 |
A097. Waiver may be express or tacit only after prescription has completed and without prejudice to third parties. |
S001 art. 191. Planalto |
| C022 |
A098. Specified family/representative relationships impede or suspend prescription. |
S001 art. 197. Planalto |
| C023 |
A098. Prescription does not run against specified incapable persons and narrow public-service/wartime categories. |
S001 art. 198, with current art. 3. Planalto+1 |
| C024 |
A098. Pending condition, prematurity and specified criminal-dependency facts can prevent running. |
S001 arts. 199–200. Planalto |
| C025 |
A098. Suspension preserves an existing clock; interruption resets it. Exact suspension dates must be proved. |
Structural reading of S001 arts. 197–202; restart express in art. 202 sole paragraph. Planalto+1 |
| C026 |
A097. Prescription may be interrupted only once in the relevant sequence. |
S001 art. 202; S011. Planalto+1 |
| C027 |
A097. A judicial order directing citation can interrupt if claimant compliance meets procedural law. |
S001 art. 202(I); S002 art. 240. Planalto+1 |
| C028 |
A098. Citation-order interruption relates back to filing only with required claimant diligence; CPC 240 §2 sets ten procedural days. |
S002 arts. 219, 240 §§1–2. Planalto+1 |
| C029 |
A098. Delay exclusively attributable to judicial service does not prejudice the party for this retroactivity rule. |
S002 art. 240 §3. Planalto |
| C030 |
A097. Judicial protest can interrupt under the citation-condition route. |
S001 art. 202(II); S002 art. 726 §2. Planalto+1 |
| C031 |
A097. Formal protest is a regulated solemn act; the notary examines formalities but does not determine prescription. |
S006 arts. 1, 9. Planalto+1 |
| C032 |
A097. A statutory pre-protest proposal date has interruptive effect only if negotiation fails and converts to protest. |
S006 art. 11-A §1; S007 art. 11. Planalto+1 |
| C033 |
A097. An unequivocal debtor act recognizing the creditor’s right can interrupt. |
S001 art. 202(VI). Planalto |
| C034 |
A098. A creditor’s own letter or statement is not, by itself, a debtor acknowledgment. |
Inference from S001 art. 202(VI); exact correspondence required. |
| C035 |
A097. Partial payment can evidence acknowledgment only conditionally; it is not automatically interruptive in every context. |
S001 art. 202(VI); actor, allocation, dispute language and prior interruption required. |
| C036 |
A098. A demand that creates mora under art. 397 sole paragraph is not automatically a statutory interruption event. |
S001 arts. 397 and 202. Planalto+1 |
| C037 |
A097. Novation requires one of CC art. 360’s replacement configurations and the necessary intent. |
S001 arts. 360–364. Planalto |
| C038 |
A097. Without unequivocal animus novandi, a later obligation merely confirms the original. |
S001 art. 361. Planalto |
| C039 |
A098. A post-prescription payment plan may involve waiver, confirmation, settlement or new obligation; no automatic new five-year clock is established. |
S001 arts. 191, 360–367, 882. Planalto+2 |
| C040 |
A097. Interruption effects among creditors, co-debtors, heirs and guarantors are relationship-specific. |
S001 arts. 203–204. Planalto |
| C041 |
A097. Intercurrent prescription uses the same period as the underlying claim. |
S001 art. 206-A. Planalto |
| C042 |
A098. Under CPC 921, first unsuccessful location knowledge starts the in-proceeding framework and one statutory one-year suspension applies. |
S002 art. 921(III), §§1–4. Planalto |
| C043 |
A097. Effective citation, notice or attachment can interrupt intercurrent prescription if creditor deadlines are met. |
S002 art. 921 §4-A. Planalto |
| C044 |
A098. Intercurrent prescription requires party hearing and judicial extinction; no account-only declaration suffices. |
S002 art. 921 §5, arts. 924(V), 925. Planalto+1 |
| C045 |
A098. Courts generally may not decide prescription adversely without prior opportunity to address it. |
S002 arts. 9–10 and 487 sole paragraph. Planalto+1 |
| C046 |
A098. Prescription is a merits determination; CPC 332 §1 supplies a narrow initial-pleading exception. |
S002 arts. 332 §1, 487(II). Planalto+1 |
| C047 |
A097. Direct execution requires a certain, liquid and enforceable obligation and a qualifying title. |
S002 arts. 783–784, 803. Planalto+1 |
| C048 |
A098. Prescription may be alleged at any judicial level by the beneficiary, subject to procedural posture and finality. |
S001 art. 193; full res judicata analysis deferred. Planalto |
| C049 |
A098. A 2024 Third Panel summary stated prescribed debt could not be judicially or extrajudicially collected in that case. |
S009; not final Tema 1264 thesis. STJ |
| C050 |
A098. Tema 1264 remained pending, with no published judgment/finality shown on the official page as last updated September 21, 2026. |
S008. Processo STJ |
| C051 |
A098. The 2024 panel summary distinguished passive negotiation-platform inclusion from collection on its facts. |
S009; platform design and later repetitive result remain held. STJ |
| C052 |
A098. No blanket right to set off a prescribed debt is established; ordinary setoff requires reciprocal, liquid, due, fungible obligations. |
S001 arts. 190, 368–369; full authority deferred. Planalto+1 |
| C053 |
A098. CC art. 2.028 preserves prior-law periods in its narrow transition conditions. |
S001 art. 2.028; ordinarily relevant only to very old accruals. Planalto |
| C054 |
A098. CPC transition applies current procedure to pending cases subject to preserved acts and special intercurrent provisions. |
S002 arts. 1.045–1.046, 1.056. Planalto+1 |
| C055 |
A098. Civil-year counting excludes the opening day and includes the ending day; same-numbered date or next day if no correspondence; holiday endpoint moves forward. |
S001 art. 132; S012 contextual corroboration. Planalto+1 |
| C056 |
A098. STJ’s official 2019 summary supports ten years only in its materially illiquid/no-shorter-period context. |
S010. STJ |
| C057 |
A098. STJ’s January 2026 official digest applies five years to a liquid private-instrument debt after its conditions made it liquid and enforceable. |
S015. STJ |
| C058 |
A098. STJ’s 2021 payroll-loan summary applied five years to specified liquid instalments but is product-specific. |
S014. STJ |
| C059 |
A098. Current art. 206-A derives from the 2022 replacement; CPC 921’s 2021 amendments remain reflected in the current compiled CPC. |
S004–S005; S001–S002 current texts. Planalto+2 |
| C060 |
A098. No real contract, debt, event chronology, case, person or locality was reviewed; no actual deadline, balance, defense or collection permission is concluded. |
Research boundary; original P01 D04 remains only narrowly augmented. |
Displayed claim count: 60, C001–C060.
Complete granular core coverage
Every row below cross-references the cited claim register. “Answered” means only that the narrow federal gateway has been identified.
| # |
Required issue |
Finding/claim |
Status and exact next action |
| P05-G01 |
Ordinary unsecured civil claim |
C001 |
Scoped. Verify no security, title, public or judgment branch. |
| G02 |
Consumer relationship label |
C005 |
Partial. Confirm consumer purpose but do not use label to choose period. |
| G03 |
Written instrument |
C002, C004 |
Conditional. Obtain complete signed instrument and amendments. |
| G04 |
Liquid amount |
C002, C004, C057 |
Conditional. Recompute balance from contractual method. |
| G05 |
Public versus private instrument |
C002 |
Answered category. Identify instrument form and authenticity. |
| G06 |
Five-year specific period |
C002 |
Answered conditionally. Special law and facts still required. |
| G07 |
Ten-year residual period |
C003–C004, C056 |
Answered as fallback only. Explain why no shorter rule fits. |
| G08 |
Three-year periodic interest/accessories |
C006 |
Conditional. Separate principal and accessory components. |
| G09 |
Credit-title period |
C007 |
Excluded. Classify title under special law separately. |
| G10 |
Prescription versus decadence |
C008 |
Answered structure. Identify right and remedy sought. |
| G11 |
CDC defect/damage periods |
C009 |
Excluded from creditor collection. Research only if consumer counterclaim exists. |
| G12 |
Violation/accrual |
C010 |
Answered standard. Establish exact violation date. |
| G13 |
Before maturity |
C011 |
Answered. Produce maturity evidence. |
| G14 |
Fixed-term default |
C012 |
Answered gateway. Verify positive, liquid and fixed-term obligation. |
| G15 |
No-term obligation |
C013 |
Conditional. Determine demand requirements and date. |
| G16 |
Pending condition |
C024 |
Conditional. Prove occurrence and notice. |
| G17 |
Instalment maturities |
C014 |
Conditional. Build complete instalment ledger. |
| G18 |
Acceleration |
C015 |
Unresolved. Read clause, notice, product law and current authority. |
| G19 |
Principal versus interest |
C006 |
Conditional. Itemize relief requested. |
| G20 |
Substantive claim versus executive title |
C016, C047 |
Answered distinction. Identify procedural route. |
| G21 |
Credit-report clock |
C019 |
Separated. Full CDC/LGPD reporting review deferred. |
| G22 |
Contractually changing period |
C020 |
Answered negative. Do not adopt private limitation rewrite. |
| G23 |
Family/representative suspension |
C022 |
Conditional. Determine relationship dates. |
| G24 |
Incapacity suspension |
C023 |
Conditional. Establish age/capacity and representation. |
| G25 |
Public service/wartime categories |
C023 |
Rare conditional branch. Verify statutory facts. |
| G26 |
Pending condition/not-yet-due |
C024 |
Answered categories. Obtain relevant event evidence. |
| G27 |
Criminal dependency |
C024 |
Deferred factual branch. Determine whether civil claim legally depends on criminal judgment. |
| G28 |
Suspension mechanics |
C025 |
Answered structurally. Calculate only from proved dates. |
| G29 |
One interruption only |
C026 |
Answered. Identify the first qualifying event. |
| G30 |
Citation order |
C027 |
Answered conditionally. Obtain order and procedural compliance. |
| G31 |
Retroactivity to filing |
C028 |
Conditional. Verify filing and diligence. |
| G32 |
Ten-day claimant diligence |
C028 |
Procedural. Count business days from actual procedural start. |
| G33 |
Court-only delay |
C029 |
Answered gateway. Separate court delay from claimant fault. |
| G34 |
Judicial protest |
C030 |
Conditional. Obtain actual judicial protest. |
| G35 |
Formal notarial protest |
C031 |
Conditional. Confirm instrument eligibility and completion. |
| G36 |
Notary’s prescription role |
C031 |
Answered negative. Acceptance is not timeliness adjudication. |
| G37 |
Pre-protest settlement proposal |
C032 |
Answered conditional rule. Verify failure and conversion to protest. |
| G38 |
Debtor acknowledgment |
C033 |
Conditional. Authenticate unequivocal act. |
| G39 |
Creditor letter |
C034 |
Answered negative as acknowledgment. Test other legal effects separately. |
| G40 |
Partial payment |
C035 |
Conditional. Review allocation and accompanying language. |
| G41 |
Demand creating mora |
C036 |
Separated from interruption. Verify no-term obligation. |
| G42 |
New agreement/novation |
C037 |
Conditional. Identify replacement obligation and intent. |
| G43 |
Confirmation without novation |
C038 |
Conditional. Read entire later document. |
| G44 |
Post-expiry waiver |
C021, C039 |
Conditional. Check third-party prejudice and clear conduct. |
| G45 |
Multiple obligors/guarantor |
C040 |
Limited answer. Full liability branch deferred. |
| G46 |
Intercurrent same period |
C041 |
Answered rule. First classify underlying claim. |
| G47 |
First unsuccessful search |
C042 |
Conditional. Obtain docket event and knowledge date. |
| G48 |
One-year execution suspension |
C042 |
Answered statutory structure. Verify order and chronology. |
| G49 |
Effective citation/notice/attachment |
C043 |
Conditional. Verify effect and creditor diligence. |
| G50 |
Intercurrent party hearing |
C044 |
Answered. Obtain actual fifteen-day opportunity. |
| G51 |
Execution extinction |
C044 |
Judicial act required. Obtain sentence/order. |
| G52 |
Raising prescription |
C048 |
Answered gateway. Actual posture and finality still matter. |
| G53 |
Prior party hearing |
C045 |
Answered general rule. Check CPC 332 exception. |
| G54 |
Merits determination |
C046 |
Answered. Full res judicata effect deferred. |
| G55 |
Liminar impropriety exception |
C046 |
Narrow procedural branch. Review pleadings and facial dates. |
| G56 |
Execution-title requirements |
C047 |
Answered gateway. Inspect signatures/witnesses/title category. |
| G57 |
Execution before condition/term |
C047 |
Answered vulnerability. Verify condition and maturity. |
| G58 |
Judicial collection after prescription |
C017, C045–C048 |
Conditional defense. Requires court recognition and evidence. |
| G59 |
Extrajudicial collection |
C049–C050 |
Unresolved nationally. Monitor final Tema 1264 disposition. |
| G60 |
Negotiation-platform distinction |
C051 |
Contextual only. Analyze exact UX and communications after Tema result. |
| G61 |
Voluntary payment |
C018 |
Answered narrow rule. Other invalidity/refund grounds remain possible. |
| G62 |
Natural obligation/underlying debt |
C017–C018 |
Answered narrow boundary. Do not advertise forgiveness or zero balance. |
| G63 |
Setoff |
C052 |
Unresolved. Research reciprocal claims and current authority. |
| G64 |
H01 known-maturity calculation |
C002, C026, C055 |
Completed fiction. No actual deadline. |
| G65 |
H02 leap-year calculation |
C055 |
Completed fiction. Holiday/suspension facts still conditional. |
| G66 |
H03 instalments/acceleration |
C014–C015 |
Completed fiction. Acceleration remains symbolic. |
| G67 |
H04 part payment/acknowledgment |
C033–C039 |
Completed fiction. Full document required. |
| G68 |
H05 filing/citation/diligence |
C027–C029 |
Completed fiction. Court calendar and docket absent. |
| G69 |
H06 letter/protest |
C031–C036 |
Completed fiction. Actual statutory protest not assumed. |
| G70 |
H07 voluntary payment/new agreement |
C018, C021, C037–C039 |
Completed fiction. No revival conclusion. |
| G71 |
Civil date formula |
C055 |
Answered. Apply only after valid start and period selection. |
| G72 |
Historical Civil Code transition |
C053 |
Answered narrow rule. Apply only to pre-2003 accruals with full chronology. |
| G73 |
CPC transition |
C054 |
Answered gateway. Determine case filing and procedural stage. |
| G74 |
P01 D04 disposition |
C060 |
Narrowly augmented. Literal original row preserved. |
| G75 |
Real deadline/amount/country acceptance |
C060 |
HOLD. Obtain all documents and complete remaining legal branches. |
Displayed core-coverage count: 75 rows, P05-G01 through G75.
Separately named deferred families
| # |
Deferred family |
Exact remaining action |
| P05-D01 |
Notes, cheques, duplicatas and other negotiable instruments |
Classify instrument and read current special limitation/protest law. |
| D02 |
Mortgages, liens, fiduciary security, pledged property and vehicles |
Research secured claim, collateral enforcement and deficiency rules separately. |
| D03 |
Product-specific banking, card, loan, telecom, utility and insurance claims |
Identify product and read controlling special legislation/current precedents. |
| D04 |
Student, education, support and public-program claims |
Identify statutory creditor/program and applicable priority/period. |
| D05 |
Tax, governmental and other public claims |
Research public prescription, decadence, administrative and enforcement regimes separately. |
| D06 |
Maintenance and family-support obligations |
Apply family-specific periods and enforcement law separately. |
| D07 |
Insolvency, civil insolvency, recuperação and falência |
Research claim filing, stay, interruption and plan effects in the specific proceeding. |
| D08 |
OAB legal advice and court representation |
Preserve P01 professional boundary; no permission inferred from this limitations report. |
| D09 |
CRA/CORECON and other professional-service classifications |
Preserve P01 regional professional holds. |
| D10 |
Financial/lending authorization |
Preserve P01 financial-activity holds. |
| D11 |
Current CMN 4.935 / Joint Resolution 17 correspondent body |
Preserve P02 partial current-source hold; no rerun. |
| D12 |
BCB Resolution 494 and payment-institution authorization |
Preserve P01/P02 payment-rule hold. |
| D13 |
Client-money custody, safeguarding and distribution |
Obtain actual funds flow and current payment rules separately. |
| D14 |
Consumer adviser fees, cancellation and engagement contracts |
PASS-04 awaits first review and is not adopted here; review independently before use. |
| D15 |
Full credit reporting, positive-credit records and LGPD |
Research reporting periods, notice, correction, data processing and remedies separately. |
| D16 |
General collection communications and abusive conduct |
Research CDC conduct, harassment, contact channels and sector rules separately. |
| D17 |
Creditor authority, assignment, servicing, settlement and discharge |
Obtain ownership/agency documents and read assignment/release law. |
| D18 |
Full civil procedure, private cases, appeals, res judicata and damages |
This pass provides only necessary prescription procedure; comprehensive procedural review remains. |
| D19 |
Garnishment, attachment, exemptions and protected income |
Research enforcement remedies only after a live enforceable title is established. |
| D20 |
Procon, Defensoria, court and municipal implementation |
Individually research each locality; no national evidence clears local administration. |
| D21 |
Foreign law, jurisdiction, recognition and foreign assets |
No foreign law or permission passport adopted. |
| D22 |
Tax treatment of settlement, forgiveness, payments or write-offs |
Identify actual transaction and obtain current tax authority. |
| D23 |
Guarantees and joint liability beyond interruption effects |
Read actual guarantee/joint instrument and substantive liability law. |
| D24 |
CDC superindebtedness, STF minimum and repactuação |
Preserve prior holds; no eligibility or protected-income inference. |
| D25 |
Specialized interest, penalties, indexation and accessory products |
Classify each component and its current period before calculation. |
| D26 |
Later amendments and comprehensive commercial citator |
Recheck all consequential provisions and Tema 1264 before publication or deployment. |
| D27 |
Actual private contract, account, borrower, case or creditor facts |
None supplied or searched; obtain only under future authorized process. |
| D28 |
Full country, A097/A098, parent-program and publication acceptance |
HOLD pending separate same-coordinator review and all outstanding branches. |
Displayed deferred-family count: 28 rows.
All 27 inherited state/DF branches
The names below are inherited from the saved P01 territorial inventory. No geography API or fresh official enumeration was used. Federal prescription statutes do not certify every state/DF court, protest, holiday, Procon or municipal implementation.
| State / DF |
PASS-05 status |
Exact remaining local issue |
| Acre (AC) |
No local body read |
AC courts, protest procedure, holidays, consumer enforcement and municipality. |
| Alagoas (AL) |
No local body read |
AL tribunal/protest implementation, Procon and local calendar. |
| Amapá (AP) |
No local body read |
AP procedural/notarial application, consumer authority and municipality. |
| Amazonas (AM) |
No local body read |
AM court, protest and consumer implementation; remote-service access. |
| Bahia (BA) |
No local body read |
BA tribunal, protest, Procon and municipal rules. |
| Ceará (CE) |
No local body read |
CE procedural implementation, protest service and consumer enforcement. |
| Distrito Federal (DF) |
No local body read |
TJDFT, DF protest, consumer authority and local holiday/application rules. |
| Espírito Santo (ES) |
No local body read |
ES courts, protest, Procon and municipality. |
| Goiás (GO) |
No local body read |
GO tribunal/protest implementation and local consumer enforcement. |
| Maranhão (MA) |
No local body read |
MA courts, notarial practice, Procon and municipality. |
| Mato Grosso (MT) |
No local body read |
MT tribunal, protest and local consumer procedure. |
| Mato Grosso do Sul (MS) |
No local body read |
MS court/notarial implementation, border facts and local calendar. |
| Minas Gerais (MG) |
No local body read |
MG tribunal, protest and consumer implementation; Tema 1264-related local posture. |
| Pará (PA) |
No local body read |
PA court/protest, consumer authority and accessibility. |
| Paraíba (PB) |
No local body read |
PB tribunal, protest, Procon and municipality. |
| Paraná (PR) |
No local body read |
PR court/notarial application and local consumer rules. |
| Pernambuco (PE) |
No local body read |
PE tribunal, protest procedure, Procon and municipality. |
| Piauí (PI) |
No local body read |
PI court/protest, consumer authority and local calendar. |
| Rio de Janeiro (RJ) |
No local body read |
RJ tribunal, protest, Procon and municipal implementation. |
| Rio Grande do Norte (RN) |
No local body read |
RN court/protest and consumer implementation; local precedent remains unresearched. |
| Rio Grande do Sul (RS) |
No local body read |
RS tribunal/protest, consumer enforcement and local precedent. |
| Rondônia (RO) |
No local body read |
RO court/notarial practice, Procon and municipality. |
| Roraima (RR) |
No local body read |
RR tribunal/protest, consumer authority and accessibility. |
| Santa Catarina (SC) |
No local body read |
SC court/notarial implementation and consumer enforcement. |
| São Paulo (SP) |
No local prescription body read |
TJSP/protest procedure, local precedent, Procon and municipality; no private case lookup. |
| Sergipe (SE) |
No local body read |
SE tribunal/protest, Procon and local calendar. |
| Tocantins (TO) |
No local body read |
TO court/notarial implementation, consumer authority and municipality. |
Displayed territorial count: 27 rows; zero state/DF branches cleared.
Evidence-backed article, tool and checklist opportunities
| Opportunity |
Useful supported function |
Mandatory hold |
| “Why not every Brazilian consumer debt expires in five years” |
Separate art. 206 §5(I), art. 205, periodic accessories, credit titles and reporting clocks. |
No product-specific conclusion without instrument classification. |
| Prescription-input checklist |
Request instrument, liquidity, maturity, instalments, acceleration, payments, acknowledgments, protest and litigation chronology. |
Must not output a legal defense or deadline from incomplete inputs. |
| Conditional date worksheet |
Apply CC art. 132 after the user selects a source-backed period and verified start; show interruption/suspension branches. |
Label every date hypothetical until legal category and evidence are reviewed. |
| Interruption-event classifier |
Distinguish debtor acknowledgment, creditor letter, citation order, protest and pre-protest conversion. |
Cannot authenticate signatures, determine protest validity or decide whether an earlier interruption occurred. |
| Instalment timeline visualizer |
Display each maturity independently and flag acceleration as unresolved. |
No automatic single-date collapse. |
| Prescribed-debt consequence explainer |
Separate judicial claim, natural obligation, voluntary payment, reporting and pending Tema 1264 issue. |
Do not promise debt cancellation, zero balance, refund or permitted collection. |
| Annotated document packet |
Mark the provisions needed from contract, amendment, acknowledgment, protest and court records. |
No named record search, filing or private-party contact. |
A safe tool should never display a single green “Debt expired” result. Its highest-confidence output should be a branch such as:
“Five years is a candidate period only if the claim was a liquid debt contained in a qualifying instrument, no special law displaces it, and the verified event history shows no impediment, suspension or earlier qualifying interruption.”
Researcher self-check
| Reconciliation item |
Actual result |
| Assigned component |
P01 D04 only: ordinary unsecured civil consumer-contract money-claim prescription, accrual and interruption. |
| P04 reliance |
None. PASS-04 awaits first review and was not adopted as a premise. |
| Sources |
16 displayed: 7 enacted/compiled legal bodies, 8 official STJ status/interpretive bodies, 1 failed official route. |
| Claims |
60 displayed, C_BR-P05-C001–C060. |
| Core coverage |
75 displayed, P05-G01–G75. |
| Deferred families |
28 displayed, P05-D01–D28. |
| Territorial rows |
27 displayed, none cleared. |
| Fictional workflows |
7 displayed, H01–H07. |
| Date calculations |
H01 known maturity and acknowledgment alternatives; H02 leap-year endpoint; H03 first/last instalments; H05 procedural filing branch. |
| Actual deadline or balance |
None concluded. |
| Current primary law |
Current compiled Civil Code, CPC and CDC read; 2021/2022 intercurrent and 2023 protest amendments traced. |
| Current STJ repetitive status |
Tema 1264 official page read as pending and last updated September 21, 2026; no final thesis inferred. |
| Private case/docket search |
None. Only general official publications/status materials read. |
| Named provider/person/account/property search |
None. |
| API, Deep Research, Work/Codex or subagents |
None used. |
| Source-specific clock times |
Unknown and not invented. |
| Coordinator local files |
No write performed or claimed. |
| Model/power |
No self-certified model tier, Pro status, quota, ranking or recovery claim. |
| Review status |
This is not independent review or full all-source certification. Same-coordinator review remains separate. |
| Country/publication status |
HOLD. No Brazil-wide operating, contract, provider, area, A097/A098 or publication acceptance. |
Exact documents still needed for any real classification
- Complete original contract and all amendments.
- Product and obligation classification.
- Evidence supporting the asserted liquid amount.
- Every maturity and acceleration clause.
- Full payment and allocation ledger.
- All alleged acknowledgments or new agreements.
- Judicial and extrajudicial protest records.
- Litigation filing, citation-order and diligence chronology.
- Any incapacity, protected-relationship, condition or criminal-dependency facts.
- Reporting and collection communications, analyzed separately.
- Applicable state/DF court, protest and holiday materials.
- Current Tema 1264 disposition at the time of actual use.
Final disposition: PASS-05 establishes a narrow federal classification and event framework. It does not establish that any real debt is prescribed, forgiven, collectible, uncollectible, reportable, payable, refundable or subject to a particular settlement outcome.
END C_BR PASS-05