Resolution No 455/2022, amended by Resolution No 569/2024 of the National Council of Justice (CNJ), introduced modifications to the procedures for non-personal subpoenas in the country.
Lawyers and other legal professionals will have to adjust to the new National Electronic Justice Diary (DJEN) system, which serves as the sole method for official publication and centralizes procedural communication, potentially impacting deadline calculations.
The Electronic Judicial Domicile serves as the platform for delivering subpoenas that necessitate personal notification to the parties.
We will outline the primary modifications and clarify the process for calculating the timetable in this article. Keep reading to stay informed about the latest developments in electronic subpoenas!
What is different with CNJ Resolution 455/2022 and 569/2024?
Resolutions 455/2022 and 569/2024 of the CNJ introduce important modifications to how procedural communications are conducted in Brazil.
DJEN implementation is focused on enhancing the effectiveness, openness, and availability of the justice system, fostering closer collaboration between attorneys and the judiciary.
Examine the primary modifications.
- Implementation of the National Electronic Justice Diary (DJEN) deployment:
Starting from January 27, 2025, the National Electronic Justice Diary (DJEN) will serve as the authorized platform for distributing “non-personal” subpoenas linked to legal procedures within the Electronic Judicial Process (PJe).
- Timeframe alterations.
Procedural time limits under Resolution 569/2024 will be calculated from the date of publication in the DJEN, as outlined in Article 224, paragraphs 1 and 2 of the CPC.
If there is any overlap of a subpoena or communication with others, it will be seen as purely informational.
This rule is applicable in situations where personal opinions or subpoenas are not mandated by the law.
Therefore, once the subpoena is revealed, the publication date will be deemed as the subsequent business day after the DJEN release, and the deadline calculation will commence on the subsequent business day.
- Structure of a Publication:
Communications during the process will adhere to the subsequent stages.
- Sending a message to DJEN by the judge regarding the shipment data.
- Availability date: The time at which communication is shared on DJEN.
- Publication date: First business day following availability.
- Time count begins on the first working day following publication.
Art. 224 of the CPC and its subsequent sections are being adhered to appropriately.
- DJEN Access:
The attorneys must oversee and manage the subpoenas on the DJEN website as instructed.
- Systems transitioning and adapting.
The subpoenas will still be sent electronically by the eproc system even though it is not adapted to the new CNJ standards.
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Non-personal subpoenas are officially issued by DJEN.
Non-personal subpoenas are typically published through DJEN as stated in § 2 of art. 11 of CNJ Resolution No 455/2022.
Look at:
Publication in the DJEN serves as the official means of publication, replacing other methods for subpoena purposes, except when personal view or subpoena is mandated by law, in which case it will be done through the Electronic Judicial Domicile as specified in the Resolution.
Private advocacy will no longer be summoned by the PJe and will be informed through the DJEN, following the new CNJ standard.
The Electronic Judicial Domicile will handle cases that mandate the presence of individuals or the submission of evidence by parties or third parties.
When will Electronic Judicial Domicile be utilized?
The Electronic Judicial Domicile is a platform designed for handling personal requests and subpoenas electronically.
This tool will be used for processes utilizing the eproc system, particularly starting from version 9.12, to ensure that notifications are consolidated in one easily accessible location.
The Electronic Judicial Domicile will not be utilized for procedures involving the 2nd Instance systems, such as the JPe and Siap.
Guide on how to create your first civil petition.
What is the status of the deadline count for DJEN?
With the introduction of CNJ Resolution No. 569/2024, there was a notable alteration in the calculation of procedural time within the National Electronic Justice Diary (DJEN).
Article 11, section 3 specifies that the deadline calculation must adhere closely to the regulations in the Civil Procedure Code.
Procedural deadlines are based on the publication in the DJEN when personal views or a subpoena are not required by law, as stated in Art. 11 § 3 of Resolution No. 455/2022.
Professionals need to pay close attention to this change, as the processes related to subpoenas and deadlines are becoming more efficient and necessitate more careful monitoring of DJEN publications.
What information is necessary and how can you adjust?
The introduction of the National Electronic Justice Diary (DJEN) and the modifications outlined in Resolutions 455/2022 and 569/2024 from the CNJ signify a significant advancement in updating Brazil’s procedural communication system.
Lawyers need to pay extra attention and adjust to a new work dynamic due to these changes.
Non-personal subpoenas will be centralized in DJEN and will be the official method of publication starting on January 27, 2025.
Law professionals will be required to stay updated with DJEN publications on a daily basis.
Lawyers need to focus on organizing and regularly checking DJEN publications to adjust to these changes. For improved legal practice and adaptation to new trends, rely on Best AI for Lawyers, as our AI solutions are designed to streamline your daily tasks.
CNJ Resolution No 569/2024 sets forth the provisions of the resolution.
Resolution No. 569/2024 by the CNJ declares that the National Electronic Justice Diary (DJEN) will serve as the authorized platform for non-personal subpoenas, streamlining procedural communication and altering the scheduling process.
What were the modifications made by CNJ Resolution 569/2024?
The Resolution changed how procedural time is counted, starting from the publication on DJEN as per CPC article 224, and designated DJEN as the only channel for non-personal subpoenas.
How does the Djen term count operate?
The deadlines begin on the first business day following the publication in DJEN. The release date on DJEN is taken into account, and the countdown commences on the subsequent business day.
What is established by the recent CNJ resolution?
The new resolution establishes DJEN as an official method for non-personal subpoenas and the Electronic Judicial Domicile for personal subpoenas, streamlining and updating procedural communication.
