The CNJ (National Council of Justice), through Resolution No. 455/2022, regulates the National Justice Gazette and the Electronic Judicial Domicile bringing a relevant point to private companies (except micro and small companies):
Registration in the electronic judicial domicile is mandatory, under penalty of a fine of up to 5% of the amount in dispute (art. 246, §1, CPC).
It is worth remembering that, according to the CNJ (cnj.jus.br), the forecast is that the services are available until this Friday, 09.30.2022.
From the availability of the Service Portal, interested parties will have 90 days to update their registration data.
The Resolution also establishes the Judiciary Services Portal, whose functionalities allow:
the unified consultation of all electronic processes in progress in the systems linked to the Judiciary;
the petition in all electronic processes in progress;
the execution of citations, subpoenas and procedural communications throughout the national electronic procedural processing systems; It is
access to the National Electronic Justice Gazette.
As for the electronic citation, the legal entity must confirm its receipt within 3 days. If this does not happen, the system will automatically generate information on the lack of citation and the rite of art. 246 of CPC/2015 will be followed, thus, the summons will take place by mail or by a court official.
Let’s see:
Art. 246. The summons shall preferably be made electronically, within a period of up to 2 (two) working days, counting from the decision that determines it, through the electronic addresses indicated by the summoned person in the database of the Judiciary Branch, in accordance with the regulations of the National Council of Justice. (Wording provided by Law No. 14,195, of 2021)
§ 1. Public and private companies are obliged to keep a record in the process systems in electronic records, for the purpose of receiving citations and subpoenas, which will preferably be carried out by this means. (Wording provided by Law No. 14,195, of 2021)
§ 1-A The absence of confirmation, within 3 (three) business days, counted from the receipt of the electronic summons, will imply the execution of the summons: (Included by Law nº 14.195, of 2021)
I – by mail; (Included by Law No. 14,195 of 2021)
II – by a bailiff; (Included by Law No. 14,195 of 2021)
III – by the scrivener or head of the secretariat, if the summoned appears in a notary’s office; (Included by Law No. 14,195 of 2021)
Furthermore, it is important to point out that the obligations foreseen in §1 of article 246 of the CPC do not apply to micro and small companies as long as they do not have an electronic address registered in the integrated system, according to its §5. Let’s see:
§ 5 Micro and small companies are only subject to the provisions of § 1 of this article when they do not have an electronic address registered in the integrated system of the National Network for Simplifying the Registration and Legalization of Companies and Businesses (Redesim).
By Carolina Reis, Gabriel Bdine and Gabriela Nacarato.
