Limitation periods in Brazilian labor law: the 2- and 5-year deadlines, FGTS and what interrupts the count

In labor law, two deadlines work together: the worker has up to 2 years after the end of the contract to file a claim (two-year limitation) and can only claim rights for the 5 years before filing (five-year limitation) — Constitution, art. 7, XXIX; CLT, art. 11 (the CLT is Brazil's Consolidated Labor Laws). Every month of waiting can mean one less month of rights.

Quick summary

• Two-year: up to 2 years after the end of the contract to file a claim.
• Five-year: rights for the 5 years before the filing date can be claimed.
• FGTS (the Severance Indemnity Fund): a 5-year period for violations after the 2014 STF ruling, with a transition rule (TST Precedent 362 — the TST is the Superior Labor Court).
• Limitation during enforcement: 2 years if the case stalls due to the claimant's inaction in the enforcement phase (art. 11-A).
• Interruption: filing a claim interrupts limitation, even if dismissed, for the same claims (art. 11, §3).
• Under-18s: limitation does not run against them (art. 440).

Practical example

João left the company on 03/10/2025.

1. He can file a claim until 03/10/2027.
2. If he files on 03/10/2027, he can claim rights from 03/10/2022.
3. If he files on 03/10/2026, he can claim from 03/10/2021 — one more year of rights.

What interrupts or suspends

• Filing a labor claim, even if dismissed, interrupts limitation for identical claims.
• A judicial protest may interrupt limitation.
• Prior Conciliation Committee: the deadline is suspended during the conciliation attempt (art. 625-G).

Tips so you don't miss the deadline

1. Note the end date of the contract, including the extension from notice paid in lieu.
2. Don't wait until the end of the contract to claim older rights, if possible.
3. If the deadline is close, use jus postulandi or the Regional Labor Court's service desk.
4. Organize evidence early — see Evidence in a labor case.

Frequently asked questions

Does notice paid in lieu count toward the 2-year deadline?

Yes. The end date takes into account the extension from notice paid in lieu (TST SDI-1 Guideline 83).

Do moral damages also expire in 2 years?

Yes, when arising from the employment relationship, they follow the same deadlines.

Read more in this series

• Labor Court: how it works
• Jus postulandi: how to sue without a lawyer
• Enforcement of labor judgments: how to get paid
• FGTS: how to check it and the 40% penalty
• Index: complete guide to labor rights