CNJ regulates electronic citation for companies and other bodies

According to the National Council of Justice (CNJ), it is estimated that from December 2022, the Electronic Judicial Domicile will be available, which creates a virtual judicial address to centralize procedural communications, citations and subpoenas electronically. to legal entities and individuals, thus connecting the Brazilian courts and, at the same time, replacing the physical communications and/or diligences of bailiffs. The Electronic Judicial Domicile is the digital environment integrated into the Judiciary Services Portal (PSPJ), on the Judiciary Digital Platform (PDPJ-Br), for external users.

This platform is a CNJ project dating from 2020 (Resolution 335), aiming to modernize the Electronic Judicial Process platform and transform it into a multiservice system encouraging collaborative development between the courts, progressing in the regulation of practice and official communication of acts. procedures through electronic means, always ensuring the compatibility of systems in addition to other functions.

It is important to highlight that companies will have a period of 90 days to register, paying attention to the internal flow to receive the citations.

Once announced on September 30, 2022, the deployment schedule has been reworked due to the need to validate the system’s modules and functionality. Information about the new dates will be released by the CNJ.

In accordance with the Civil Procedure Code (art. 246), the registration will be mandatory for public and private companies, the Union, the States, the Federal District, the Municipalities and the entities of indirect administration, on the other hand, in relation to the individuals, micro and small businesses, registration is optional, but the CNJ recommends that everyone register.

In this way, companies will be obliged “to maintain registration in the process systems in electronic records, for the purpose of receiving summons and subpoenas, which will preferably be carried out by this means”, considering that “the absence of confirmation, within 3 ( three) business days, counted from the receipt of the electronic service of process, the service of service will be carried out: I – by mail; II – by a bailiff; III – by the clerk or head of the secretariat, if the summons appears in a notary’s office; IV – by public notice”.

If the electronic communication is not received, the company, at the first opportunity to speak in the process, must present just cause to explain the lack of confirmation of the summons sent electronically. If just cause is not proven, a fine of up to 5% (five percent) of the value of the case may be arbitrated against the company.

Due to this scenario, our Legal Comptroller team at Silveira Law, aiming to remove this large flow of communications from the companies’ internal legal department, has been managing electronic summons and subpoenas for several clients in view of its expertise in the matter, that is, monitoring in numerous Courts throughout Brazil, in which the registration of legal entities to receive citations has already been made possible.

The outsourcing of this activity aims to help and relieve our customers and partners with another internal flow, which is capable of providing greater organization, security and agility in the jurisdictional provision.

For more information, contact the author of this newsletter: Igor Oliveira, head of Legal Controllership at Silveira Law.