Electronic Judicial Domicile

I. Background

Service by electronic means was instituted by article 246 of the CPC, obliging legal entities under public and private law – with the exception of small businesses and micro-enterprises that have an e-mail address registered with the integrated system of the National Network for the Simplification of the Registration and Legalization of Companies and Businesses (“Redesim”) – to maintain their registration in electronic process systems, for the purpose of receiving summonses.

In 2022, the National Council of Justice (“CNJ”) issued Resolution No. 455/2022, regulating art. 246 of the CPC, establishing that procedural communications be executed solely through the so-called “Electronic Judicial Domicile”.

II. What is the Electronic Judicial Domicile?

The Electronic Judicial Domicile is a digital platform used by the courts to communicate electronically with the parties and their representatives in court proceedings. It is an essential tool for the speed and efficiency of legal proceedings, as it allows subpoenas, notices and other procedural acts to be sent and received electronically.

III. Deadline for Registration on the Electronic Domicile Platform

The implementation of the Electronic Judicial Domicile platform began in 2023 and is taking place in phases.

In 2024, the CNJ issued Ordinance No. 46, establishing a timetable with the deadline for public and private legal entities to register on the Electronic Judicial Domicile platform:

In relation to:

• individuals, registration on the Electronic Judicial Domicile platform is optional and can be done as of October 1, 2024; and
• Small businesses and micro-enterprises that have registered with Redesim do not need to register on the platform, since the e-mail address registered with Redesim will be used to send communications via the Electronic Judicial Domicile.

If the legal entity obliged to register on the Electronic Judicial Domicile platform does not do so by the deadline indicated above, it will be compulsorily registered by the CNJ itself, which will use the information contained in the Brazilian Federal Revenue Service database.

IV. The importance of timely registration

Timely registration of the Electronic Judicial Domicile is crucial to ensure that the party receives all subpoenas and procedural communications properly and within the legal deadlines. Failure to comply with this requirement can lead to procedural losses, such as missing deadlines for filing appeals or procedural manifestations, which can jeopardize the progress and outcome of the case.

IV.1 Time limits

With the implementation of the Electronic Judicial Domicile platform, with regard to summonses[1], users will have a period of 3 (three) working days to consult them, counting from the date on which the communication is sent by the respective Court.

When the summons is served through the Electronic Judicial Domicile platform, the time limit for contesting will begin to run on the 5th (fifth) business day following its confirmation, under the terms of art. 231, item IX, of the CPC[2].

On the other hand, if the company fails to confirm receipt of a summons through the Electronic Judicial Domicile platform, it will be served by another means. In this case, if there is no justification for not opening the electronic summons, the company may be penalized for an act against the dignity of justice with a fine of up to 5% (five percent) of the value of the case.

As for subpoenas[3], users will have a period of ten calendar days to consult them, counting from the date on which the communication is sent by the respective court.

Subpoena queries, on the other hand, will automatically be considered to have been carried out when they are not opened within the aforementioned period (10 calendar days), and the deadline for compliance with the court order will run from then on.

V. Registration procedure

The procedure for registering on the Electronic Judicial Domicile platform must be carried out by clicking here.

The CNJ has made available an instruction manual with step-by-step instructions for registering on the Electronic Judicial Domicile platform (click here to access it), as well as an explanatory video (click here to access it).

V.1 Register of Lawyers

Internal and/or external lawyers can be appointed as representatives of a company to receive summonses and subpoenas issued through the Electronic Judicial Domicile platform.

However, there is no need for the lawyer to be registered as the company’s representative beforehand.

This is because, in cases where the lawyer is listed as the company’s representative in the case file, the Electronic Judicial Domicile platform will automatically grant them access to the case file.

VI. Adoption of the Electronic Judicial Domicile Platform by the Courts

By 08/04/2024, the following Courts have already adapted their procedural systems, starting to send communications through the Electronic Judicial Domicile[4]:

• State Courts: TJ-AP, TJ-BA, TJ-DFT, TJ-CE, TJ-GO, TJ-MT, TJ-PA, TJ-PB, TJ-PR, TJ-RJ, TJ-RS, TJ-RR, TJ-SC and TJ-SE
• Federal Courts: TRF-3, TRF-4, TRF-6
• Labor Justice: integration completed.

VII. Conclusion

Registering an electronic domicile is a fundamental step for proper participation in legal proceedings and compliance with procedural deadlines. It is therefore essential that companies are aware of the deadlines set by the CNJ and register in good time.

Finally, we remind you that the receipt of electronic summonses by the company must be communicated immediately to the internal and/or external lawyers who are acting in the respective proceedings, in order to guarantee the timely adoption of the measures necessary for its defense.

Lawyers from the Litigation and Arbitration team are available to answer any questions you may have about the Electronic Judicial Domicile.

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[1] Correspondence by which the defendant is summoned to take part in proceedings.

[2] “Art. 231. Unless otherwise provided, the commencement of the period shall be deemed to be: (…) IX – the fifth working day following confirmation, as provided for in the summons message, of receipt of the summons by electronic means.”

[3] An act by which the parties are notified of decisions made in the course of proceedings.

[4] Updated data can be consulted on the CNJ portal by clicking here.

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