By Wiuller Leite

On November 26, 2025, the Constitution, Justice and Citizenship Committee (CCJ) approved, at its first vote, Bill No. 3,951/2019, which proposes amendments to Law No. 9,613/1998—known as the “Anti-Money Laundering Law”—with the purpose of prohibiting the use of cash in real estate transactions.

The bill was introduced by a senator in 2019 and originally provided for restrictions on the use of cash in commercial or professional transactions of any nature exceeding BRL 10,000.00, on the circulation of cash amounts exceeding BRL 100,000.00 (one hundred thousand reais), as well as on the payment of bank slips (boletos), invoices, or equivalent documents in amounts equal to or greater than BRL 5,000.00 (five thousand reais). The justification was that “the circulation of cash facilitates the laundering of funds derived from corruption activities, tax evasion and, moreover, enables the commission of crimes such as bank robberies, ATM break-ins, among others.”

The bill was reviewed by the Economic Affairs Committee (CAE) and subsequently by the Constitution, Justice and Citizenship Committee (CCJ).

At the CAE, two amendments were presented. The first proposed that the National Monetary Council (CMN) be responsible for regulating the amount permitted in each transaction. The second established that, in the case of real estate transactions, the use of cash would be prohibited regardless of the amount. Both amendments were retained in the text approved by the CCJ.

With these changes, the bill no longer sets maximum amounts for payments or for the circulation of cash, leaving it to the National Monetary Council (CMN) to establish such limits. However, the prohibition on the use of any amount of cash in real estate transactions remains in force.

The bill provides that, in the event of non-compliance, the offender will be subject to seizure of the amounts involved and, if the lawful origin and destination are not proven, confiscation may occur. If the lawful origin and destination of the funds used in violation of the new rules are proven, the parties involved in the transaction will be subject to a fine of up to 20% of the cash amount used.

Due to legislative procedural requirements, the bill must still be submitted to a supplementary round of voting, as the deadline for the submission of new amendments remains open.

If approved at this new stage within the CCJ, the text will proceed directly to consideration by the Chamber of Deputies, provided that no appeal is filed for deliberation by the Senate Plenary. If approved by the Chamber of Deputies, the bill will still require presidential sanction in order to enter into force as law.

Relying on qualified professionals who are up to date and properly informed about legislative changes is essential for those operating in the real estate sector, as regulatory amendments—even if limited—may generate significant commercial and operational impacts, potentially jeopardizing the viability of real estate transactions or resulting in the imposition of substantial penalties.

Marins Bertoldi Advogados is closely monitoring developments on this matter, including the upcoming stages of the legislative process, and remains available to advise clients and partners.