Tiago Rabelo: A cup of electronic justice

It is known that the National Council of the Judiciary (CNJ), in the exercise of its constitutional powers, must ensure the autonomy of the judiciary, passing regulatory acts and/or decisions, recommending measures, among others.

In this context, the CNJ and the courts — as well as FIFA and CBF — they have adopted a technological model to promote the necessary adaptations to the digital age, offering services on the line and the development of the necessary digitization. Let’s go to the game, with new rules and interpretations of electronic citation. Let it be the heart [1]!

First, we highlight the provisions established by the new Article 246, paragraph 1 of Law no. 13,105/15, which determined the registration for receiving procedural communications in electronic media. “And what a goal” [2] of CNJ, who looks like a “cavadinha” at the end of the championship. Also, in connection with electronic addresses, we quote article 9, the only paragraph of Resolution CNJ no. 354/2020, namely:

“Anyone who requests a summons or subpoena is obliged, in addition to qualification information, to provide information necessary for electronic communication via messaging applications, social networks and electronic correspondence (e-mail), unless it is impossible to do so.”

It is true that there are different criteria for the publication of judicial acts in different Brazilian courts. There is some similarity to on-field decisions reviewed by VAR. Therefore, it was convenient and healthy to promote the meeting, in a unique environment, of the services that are available to the competent parties through the institution of the Platform for Judicial Services (PSPJ). [3]which will include the National Electronic Judicial Gazette (DJEN) and the Electronic Judicial Residence.

But what was promised in the Platform for Justice? PSPJ is intended for external users, i.e. — lawyers, parties and interested parties — and will enable the following functionalities: unified review of all electronic processes, initial and interim applications in all process systems and, finally, the execution of summons, subpoenas and procedural communication in all electronic process systems connected to the digital platform of the Judiciary.

Well, friends: the protocol of petitions through the PSPJ will be considered completed immediately before the court, while the courts will have to use the specified portal from its availability on the PDPJ-No. And “on the pike” [4]in this second period we will deal with the Electronic Court Residence.

The process communication system called Electronic Court Residence forms a digital environment integrated into the PSPJ, and serves for process communication between judicial authorities and recipients who are or are not parties to the process relationship. “know whose” [5] is it interest? The novelty mainly applies to public and private companies, which will have to maintain an electronic seat of the court in order to receive procedural acts.

So “here’s what you wanted”! Summoning by electronic means will be carried out exclusively through the Electronic Court Residence, and its use by all courts is mandatory. An exception is citation by public announcement, which is done through DJEN. It should also be noted that the Electronic Court House will not control procedural deadlines.

This makes it easier for recipients to receive all communications in one place, which is made possible in the electronic courthouse. “That’s what people like,” said Januário de Oliveira. The courts will have a guarantee of delivery of the communication to the electronic address registered in the place of residence, it is necessary to be informed about the procedural deadline of the act. In this case, there is no longer a fictitious summons, with the current text of the CPC, and this option remains in effect for court summons through the system, as provided by Law no. 11,419/2006. [6].

Finally, the creation of an electronic judicial residence is the result of the tendency to be cited in the electronic media, which was established in the 2015 CPC through Law no. 14,195 from August 26, 2021. [7]. Let’s hope the electronic quote turns out to be a nice “lone star” as well as a win in the World Cup final.

[3] BRAZIL. Judicial power. National Council of the Judiciary. Decision no. 455, dated April 27, 2022. Establishes the Judicial Service Portal (PSPJ), on the Judicial Digital Platform (PDPJ-Br), for external users. Brasília, 2022. Available at: https://atos.cnj.jus.br/atos/detalhar/4509. Access: September 21. in 2022

[7] BRAZIL. Presidency of the Republic. Secretary General. Deputy head for legal affairs. Law no. 14,195 dated August 26, 2021. Facilitates the establishment of companies, protection of minority shareholders, facilitation of foreign trade, Integrated Asset Recovery System (Sira), fees set by expert councils, the profession of translators and public interpreters, on obtaining electricity, on reducing corporate bureaucracy and procedural actions and interim limitation periods in Law no. 10,406 of January 10, 2002 (Civil Code); amends laws 11,598 of December 3, 2007, 8,934 of November 18, 1994, 6,404 of December 15, 1976, 7,913 of December 7, 1989, 12,546 of December 14, 2011, 9,430 of December 27, 1996, 10,522 of July 19, 2002, 12,514 of October 28, 2011, 6,015 of December 31, 1973, 10,406 of January 10, 2002 (Civil Law), 13,105 of March 16, 2015 (Law on civil procedure), 4,886 from December 9, 1965, 5,764 from December 16, 1971, 6,385 from December 7, 1976 and 13,874 from September 20, 2019 and Decree-Law no. 341 of March 17, 1938; and repeals laws 2,145 of December 29, 1953, 2,807 of June 28, 1956, 2,815 of July 6, 1956, 3,187 of June 28, 1957, 3,227 of July 27, 1957, 4,557 of December 10, 1964. , 7,409 of November 25, 1985 and 7,690 of December 15, 1988, Decrees no. 13,609 of October 21, 1943, 20,256 of December 20, 1945 and 84,248 of November 28, 1979, and decree-laws 1,416 of August 25, 1975, and 1,427 of December 2, 1975, and provisions of law 2,410, from January 29, 1955, 2,698, from December 27, December 1955, 3,053, from December 22, 1956, 5,025, from June 10, 1966, 6,137, from November 7, 1974, 8,387, from December 30 1991, 9,279, dated May 14, 1996, and 9,472, dated July 16, 1997, and Decree-Laws 491, dated March 5, 1969, 666, dated July 2, 1969 and 687, dated 18 July 1969; and takes other measures. Brasília, 2021. Available at: http://www.planalto.gov.br/ccivil_03/_Ato2019-2022/2021/Lei/L14195.htm. Access: September 21. in 2022

Tiago Carneiro Rabelo is an analyst at TJ-DF and professor of electronic processes at ESA/OAB-DF and GranCursos.

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