04/9/2024
On August 19th, 2024, the Nacional Council of Justice (CNJ) finished the first mandatory registration cycle for medium and large companies located throughout the country (except for those located in Rio Grande do Sul state).
All the companies which have missed the deadline for voluntary registration and are fitted into the categories mentioned above were registered on the platform, considering information provided by Brazilian Federal Revenue Service, as the e-mail address linked to the company which the summonses will be sent.
The measure was practiced after a system improvement, that includes a feature which avoids the receipt confirmation of a summons or the start of a procedural deadline by the party, when it has been represented by a subscribed lawyer.
These measures reinforce legal certainty from the use of the system, ensuring the application of the Brazilian Civil Procedure Code art. 272, §5º, that determines the nullity of all procedure acts practiced by others, instead of the subscribed lawyer.
It is also important to note that if the subscribed lawyer does not access the platform during the stablished deadlines of 3 (three) or 10 (ten) calendar days, the acknowledgment will be tacit and the procedural deadline for the act will be normally counted.
Although, in case of unjustified absence about the confirmation of summonses receipts, the party will be subject to a fine of up to 5% of the value of the case for an act that undermines the dignity of justice.
Therefore, it is essential that the companies reviews their data registered in the platform to ensure that all communications will be received in time.
Finally, to keep the implementation of the platform and ensure its effectiveness, the CNJ has stablished a last mandatory registration cycle in October 2024, when reaches the deadline for spontaneous membership of (i) small businesses, (ii) micro-enterprises and individual micro-entrepreneurs (MEI), and (iii) companies located in Rio Grande do Sul.
Our Dispute Resolution team is fully available to answer any questions about the topic.
Authored by: Isabela Oliveira Vale
