A worker in Brazil has up to 2 years after the end of the employment contract to file a labor lawsuit. In the lawsuit, the worker can claim rights from the 5 years before the date the lawsuit is filed, not from the 5 years before the contract ended. That is why each month of waiting can mean one less month of rights that can be claimed.
In this article
What the law says
The Brazilian Constitution guarantees urban and rural workers the right to sue for credits arising from the employment contract, with a limitation period of five years, up to a limit of two years after the contract ends (art. 7, XXIX). The same rule appears in art. 11 of the CLT (the Consolidation of Labor Laws), as worded by the 2017 Labor Reform.
This period is called prescription (prescrição), which is Brazil’s term for the statute of limitations. Once it runs out, the right to claim in court is lost, even if the debt existed.
The two deadlines in practice
2 years to file the lawsuit
The first period counts from the end of the contract. Anyone who lets these 2 years pass loses, as a rule, the possibility of claiming the credits from that contract.
5 years of rights that can be claimed
The second period defines how far back the lawsuit reaches. The 5 years are counted backwards from the date the lawsuit is filed, not from the end of the contract (TST Precedent (Súmula) 308, I).
Here is an example with a contract that ended on March 10, 2025, notice period already included:
| Date the lawsuit is filed | Credits that can be claimed |
|---|---|
| September 10, 2025 | from September 10, 2020 |
| March 10, 2026 | from March 10, 2021 |
| February 10, 2027 | from February 10, 2022 |
| after March 10, 2027 | 2-year period expired |
Between the first and the third line, the worker loses almost a year and a half of rights that could have been claimed.
When the period starts to count
The end of the contract takes into account the notice period, including paid-in-lieu notice. The TST understands that the limitation period only starts to run after the notice period ends (Case Law Guideline 83 of the SDI-1). Because the notice period is proportional to length of service and can reach 90 days (Law 12,506/2011), the final date of the contract can be well after the last day worked.
What about the FGTS?
For unpaid FGTS (the employer-funded severance fund), the same rule applies: up to 2 years after the end of the contract, claiming the deposits of the last 5 years. Previously, the period was 30 years. The Supreme Federal Court (STF) changed that understanding in 2014, in the judgment of General Repercussion Theme 608, with a transition rule, and the TST adjusted its Precedent (Súmula) 362. Today, in practice, the 5-year period applies.
A simple way to check the deposits is to consult the statement in the FGTS app.
Situations that change the count
- Workers under 18. The limitation period does not run against them (art. 440 of the CLT). The period starts to count when they turn 18.
- Earlier lawsuit that was dismissed. An earlier labor claim, even if dismissed or ended without a ruling on the merits, interrupts the limitation period, but only for identical claims (art. 11, § 3, of the CLT and TST Precedent (Súmula) 268). The count has its own details, so the dates need to be checked carefully.
- Entries in the employment record book for social security purposes. Lawsuits that seek only these entries are not subject to limitation (art. 11, § 1, of the CLT). Monetary amounts, however, remain subject to the 2-year and 5-year rule.
- Contract still in force. The 2-year period has not started yet, but the 5-year period is already running.
After the lawsuit starts: intercurrent prescription
Since the 2017 Reform, labor proceedings also have intercurrent prescription. If, in the enforcement phase, the creditor fails to comply with a judge’s order and the case stays idle for 2 years, the right may be lost (art. 11-A of the CLT).
Where the lawsuit is filed
As a rule, in the Labor Court (Vara do Trabalho) of the place where the work was performed, even if the hiring took place in another city (art. 651 of the CLT). Each state has its own Regional Labor Court (in Paraná, the 9th Region), and cases proceed electronically, which makes it possible to follow a case from a distance, including from abroad.
Documents that help check the deadlines
- Employment record book (carteira de trabalho), paper or digital, with the hiring and termination dates
- Termination document and notice of dismissal
- FGTS statement
- Payslips
- A copy of an earlier labor lawsuit, if any
In summary
The labor deadline is short, and delay reduces the period that can be claimed. If your contract ended recently, or if it is still in force and you have questions about amounts owed, the first step is to gather the documents and check the dates. Each case has particularities that only a concrete analysis can assess. This article refers to Brazilian labor law only.
Frequently asked questions
If I miss the 2-year deadline, do I lose everything?
As a rule, yes, as to the credits from that contract. The exceptions are situations such as that of a worker under 18, the interruption of the deadline by an earlier lawsuit with the same claims and lawsuits that seek only an entry in the employment record book for social security purposes.
Is the deadline the same for rural workers?
Yes. Since Constitutional Amendment 28/2000, urban and rural workers follow the same limitation rule.
Does resigning change the deadline?
No. The 2-year period counts from the end of the contract, whatever the form of termination. What changes is the final date of the contract, which takes the notice period into account.
I still work at the company. Is a deadline running?
The 2-year period has not started yet, but the 5-year period is already running. Each month, an old month can no longer be claimed.
Sources
- Federal Constitution of Brazil, art. 7, XXIX
- CLT – Consolidation of Labor Laws (Decree-Law 5,452/1943), arts. 11, 11-A, 440 and 651
- Law 12,506/2011 (proportional notice period)
- TST: Precedents (Súmulas) 268, 308 and 362 and Case Law Guideline 83 of the SDI-1
- STF: General Repercussion Theme 608 (ARE 709.212), limitation of FGTS claims
About the author
Education
- Bachelor’s degree in Law, State University of Ponta Grossa (UEPG)
- Master’s degree in Economics, State University of Western Paraná (Unioeste)
- Postgraduate specialization in Contemporary Civil Law and Civil Procedure
- Postgraduate specialization in Constitutional Law
Informational content, reviewed on October 18, 2026, based on the rules and case law in force on that date. It does not replace a lawyer’s analysis of your specific case, and it refers to Brazilian law only.