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Federal and State Courts' Electronic Registration Systems for Electronic Service of Process and Summons

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2/14/2017 12:00 AM Demarest News

Federal and State Courts' Electronic Registration Systems for Electronic Service of Process and Summons

The New Brazilian Code of Civil Procedure brought as one of its innovations the obligation for public and private companies - with the exception of microenterprises and small businesses - to register in court systems of lawsuits with electronic records for the purpose of being served process and/or receiving summons, pursuant to article 246, paragraph 1, of the Brazilian Code of Civil Procedure.

In order to comply with such provision and others related to the communication of procedural acts by electronic means, the National Council of Justice (CNJ) issued the Resolution No. 234/2016, through which three electronic registration platforms were established - the Electronic Justice Diary (DJEN), the Platform of Procedural Communications (Electronic Address) and the Public Notice Platform of the Judicial Branch.

The DJEN platform will replace the Electronic Official Gazette (DOE) of each State, while the registration before the Platform of Procedural Communications will specifically serve the purpose of electronic service of process and summons in general.

The three platforms created by the CNJ aim to standardize the national systems, but they are not operational yet.

While the platforms are not operational, some courts have implemented specific registration systems for companies, in order to comply with the provision set forth in article 246, paragraph 1, of the Brazilian Code of Civil Procedure.

That is the case of the state courts of Amapá, Amazonas, Goiás, Minas Gerais, Rio de Janeiro, Roraima and Sergipe. It should be noted that the deadline of 30 (thirty) days for registration set forth in article 1.051 of the Brazilian Code of Civil Procedure is only applicable (i) before courts of the location where the company has headquarters or a branch and (ii) before courts that made the system available.

Some particularities and the deadlines applicable to each of these state courts are highlighted below:

State of Amapá

  • In Amapá, the system is not operative yet, but it is possible to register;

State of Amazonas

  • In Amazonas, a deadline of 30 (thirty) days have been set for registration pursuant to the Regulatory Ordinance No. 274-CGJ/AM, from 06/09/2016, but companies that did not register in this timeframe will be automatically registered upon the filing of a statement of claim or defense, with the information contained in these documents;

State of Goiás

State of Minas Gerais

  • In Minas Gerais, the registration is only available before the Court of Appeals. In addition, there is no normative act regulating the matter, but the deadline described in the website for registration is 30 (thirty) days from date in which the New Brazilian Code of Civil Procedure entered into force, not being expressly provided any penalty for non-registration;

State of Rio de Janeiro

  • In Rio de Janeiro, after an extension period, the Normative Act No. 149/2016 provided until 01/29/2017 for companies to registrate before the court system, but there is no express provision of penalties for non-registration;

State of Roraima

  • In Roraima, the registration is only mandatory to the biggest litigators of the State, listed in the Regulatory Ordinance No. 659/2016. Such litigators had until 04/08/2016 to deliver the necessary registration documents;

State of Sergipe

It also should be noted that some courts have a Private Companies Registration System available only to Small Claims Courts, such as occurs in the State of Mato Grosso and Bahia.

The other state courts do not have an operational system for the registration of electronic addresses of companies yet, although some of them have for electronic service of process or summons of public entities.

Moreover, it should be noted that for the time being none of the Federal Regional Courts (TRF) and Superior Courts (STF and STJ) have a system for registering private companies for the purposes of article 246, paragraph 1, of Brazilian Code of Civil Procedure.

Further information on the specificities of each court regarding the electronic systems for the electronic service of process or summons in general can be found in the link below.

https://drive.google.com/open?id=0B6mmnafwpRICSTRxSUdabXAxWkk

Lastly, it should be emphasized that, according to the guidelines from the CNJ itself, there must be wide dissemination and publicity of the availability of the three official platforms created by Resolution No. 234/2016, with an advance notice of at least 30 (thirty) days of the implementation date of these systems.

The identification in the Platform of Procedural Communications which will serve the purposes of article 246, paragraph 1, of the Brazilian Code of Civil Procedure will be made through national taxpayer's registry numbers (both for companies and individuals) before the Federal Revenue. The interested companies and individuals will have 90 (ninety) days to update their respective registration data information as from the implementation date of the Platform.

Once registration has been made, the procedural deadlines will be counted from the business day following the date of the consultation made by the registered company.

Demarest will continue to monitor the implementation of the official platforms, as well as the news regarding the availability of specific systems from each court, and will be at your disposal to assist you in this registration process and any other necessary measure.

For more information about courts based in Rio de Janeiro, please contact Mr. Carlos Alberto Vasconcelos (cvasconcelos@demarest.com.br; +55 21 3273 9837).

For more information about courts and federal entities based in Brasília, please contact Mr. Halisson Adriano Costa (hacosta@demarest.com.br; + 55 61 3243 1161).

Demarest Advogados


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