Seizure (article 125 of the CPP)
Reaches assets allegedly acquired with the crime. The defense shows that the acquisition predates the facts or has a documented origin, through a motion or a request in the case.
Economic crime · protective measures
Asset freezing in a criminal investigation: what can be released and how to request it
Accounts frozen through Sisbajud, real estate made unavailable and seized vehicles paralyze companies and families. Release depends on showing lawful origin, excess of the measure or legal protection of the funds.
Straight answer: which assets can be frozen and which can be released
In Brazilian criminal proceedings the judge may order seizure of assets acquired with the proceeds of crime (article 125 of the CPP), attachment and a legal mortgage to secure compensation and fines (articles 134 to 137), in addition to measures under the Money Laundering Act. Funds of proven lawful origin, income of a subsistence nature such as salaries and pensions, assets of good-faith third parties and any excess over the estimated damage or proceeds can be released through a reasoned request.
This page is for individuals, companies and relatives whose accounts, real estate, vehicles or revenues were frozen because of an inquiry or criminal case. Practice throughout the State of São Paulo, Brazil, including inland and coastal districts, with in-person meetings in São Paulo (Paulista and Tatuapé offices) or by video call.
Types of freeze and the applicable response to each
Attachment and legal mortgage
They secure future compensation and do not require unlawful origin. The excess over the estimated damage is therefore the main point of challenge.
Freeze through Sisbajud
Usually hits all accounts at once, including salary. Subsistence income and the legal exemption threshold allow quick release.
Third-party assets
Spouses, partners and companies not under investigation may file third-party motions proving ownership and their own origin of funds.
Forfeiture and early sale
Assets subject to deterioration may be sold before the end of the case. The defense follows the appraisal and challenges harmful sales.
Freeze on revenues
When the measure makes the company unviable, it is possible to request replacement by another asset, a percentage cap or the appointment of an administrator.
What speeds up release
Documentary proof of origin
Contracts, invoices and statements predating the freeze show where each amount came from. Explanations without documents rarely convince.
Delimiting the amount
Showing that the freeze exceeds the damage or proceeds alleged in the investigation allows release of the surplus.
Proven urgency
Payroll, medical treatment and unavoidable obligations justify a request for immediate, even partial, release.
How the release request is handled
1. Analysis of the decision
Identifying the type of measure, its grounds, the amount and the assets affected.
2. Documentary support
Gathering evidence of lawful origin, legal protection or third-party ownership.
3. Request and appeal
Petition in the case or third-party motion, followed until the release order and, if denied, appeal to the court.
Do not transfer funds to relatives' accounts after the freeze or try to withdraw what is still available in unusual ways. That is usually read as an attempt to defeat the measure.
Frequently asked questions about asset freezing
My salary was frozen. Is that allowed?
Salary and pension income are exempt from seizure, with exceptions. A release request with proof of income is usually examined with priority.
Does the freeze last until the end of the case?
It may, but it can be reviewed at any time. If the investigation does not progress within a reasonable time or no indictment is filed, the defense requests lifting.
Can a company not under investigation have its account frozen?
Yes, when it is suspected of being used to conceal funds. It may defend itself through a third-party motion, showing real activity and the origin of its funds.
Official references and related pages
Legal bases of protective measures in Brazil. The concrete path depends on the decision that ordered the freeze.
Accounts or assets frozen by court order?
Send the decision and the statements through the secure channel. The screening identifies the type of freeze and which assets have documentary grounds for release.