Enforcing a labor judgment in Brazil: I won the case, now what? How to get paid, seizure, account freezes and deadlines

*After the final judgment, enforcement (execução) begins: the phase in which the amount is calculated and collected from the employer. If it does not pay on time, the judge can freeze bank accounts, seize assets, protest the debt and add the employer to the National Register of Labor Debtors. If the employer has no assets, collection can reach the partners.*

Quick summary

• Settlement of amounts: calculation of the amounts, with adjustment and interest under the criteria set by the Federal Supreme Court (STF, ADC 58) and by law.
• Summons: the employer has 48 hours to pay or secure the debt (CLT, art. 880 — the CLT is Brazil's Consolidated Labor Laws).
• Account freezes: through Sisbajud; there are also vehicle (Renajud) and property searches.
• Protest and BNDT (labor debtors' register): after 45 days without payment (art. 883-A).
• Partners: may be included by piercing the corporate veil (art. 855-A).
• Limitation during enforcement: 2 years of inaction by the claimant may end the enforcement (art. 11-A).

Enforcement stages

1. Settlement of amounts — the parties and the expert present calculations; the judge approves them.
2. Summons to pay within 48 hours.
3. Seizure of money, assets or receivables if there is no payment.
4. Objection to enforcement by the employer, within 5 days after the debt is secured.
5. Auction of seized assets, if necessary.
6. Release of the amount to the worker by court order or transfer.

What the worker can do

• Point out assets of the employer and its partners that you know of.
• Follow notices and respond on time — inaction can trigger limitation during enforcement.
• Ask to include partners or companies in the same economic group.
• Check whether the employer is in judicial reorganization or bankruptcy — see Employer bankrupt.
• Seek liability of the client company in outsourcing cases — see Outsourcing.

Frequently asked questions

How long does it take to get paid?

It depends on the employer's solvency. Employers with assets usually pay after the freeze; for others, enforcement can take a long time.

Is a settlement during enforcement worth it?

It can be, to get paid faster. Compare the amount with the risk of not finding assets — see Labor settlement.

Read more in this series

• Ordinary appeal in labor cases
• Labor settlement: what to check
• Employer bankrupt or in judicial reorganization
• Limitation periods in labor law
• Index: complete guide to labor rights