Brazil: Companies shall register in the Electronic Judicial Domicile system
As from last March 1st, companies throughout the country will have ninety (90) days to voluntarily register in the Electronic Judicial Domicile, a tool of the electronic platform “Programa Justiça 4.0” that centralizes communications of proceedings of all Brazilian courts in a single digital platform. After May 30, registration will be mandatory, based on data cross-checked with the Brazilian Federal Revenue Office, but subject to penalties and risks of loss of procedural terms.
The purpose of the electronic platform is to ensure that all communications to the parties to proceedings be made by means of this portal. We note that the National Council of Justice (CNJ) issued CNJ Resolution No. 455 of March 27, 2022, which regulated the law and ordered that procedural communications be made exclusively by the Domicile.
The registration became mandatory to the Federal Government, States, Federal District, Municipalities, entities of the indirect public administration and public and private companies. The tool also introduced changes in terms for analysis and knowledge of the information issued: three business days after issuance of services of process by the courts and 10 consecutive days for subpoenas.
In addition to delay in proceedings, lack of knowledge of the rules may result in financial losses. Those who fail to confirm the receipt of a service of process sent to the Domicile within the legal term and does not justify such failure shall be subject to a fine of up to five percent (5%) of the amount in controversy due to obstruction of Justice.
When registering, all legal entities in the country will have to inform the electronic address through which they will receive services of process and subpoenas, so as to simplify the communication process, which is very slow in the legal practice. According to the CNJ, the next step will be to extend the service to individuals throughout Brazil. For further information and clarifications with respect to use of the platform, the CNJ developed the tutorials and an explanatory manual, all available at:
https://www.youtube.com/watch?v=cqYFRk8q-4I
https://www.youtube.com/watch?v=K3pN4af09Lc
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For more information on the above or other matters, please contact Maristela SA Rossetti (mar@rraa.com.br) or Gilberto Rossetti (gmr@rraa.com.br).
This article is based on publicly available information and given for informational purposes only. It is not intended as legal advice foreign subsidiary as a comprehensive analysis of the matters referred to herein.
