Resolution No 455/2022, amended by Resolution No 569/2024 of the National Council of Justice (CNJ), introduced modifications to the procedures for handling non-personal subpoenas nationwide.
Lawyers and other legal professionals must adjust to the new National Electronic Justice Diary (DJEN), which serves as the sole platform for official publications, centralizing procedural communication and potentially altering deadline calculations.
The Electronic Judicial Domicile serves as the platform for delivering subpoenas that necessitate the personal knowledge of the parties involved.
In this article, we will outline the key modifications and clarify the process of counting the timetable. Keep reading to understand this new stage of the electronic subpoena.
What are the differences brought by CNJ Resolution 455/2022 and 569/2024?
Resolutions 455/2022 and 569/2024 from the CNJ introduce important modifications to the process of conducting procedural communications in Brazil.
DJEN implementation seeks to enhance Justice efficiency, transparency, and accessibility by fostering better collaboration between lawyers and the judicial system.
View the primary modifications.
- Implementation of the National Electronic Justice Diary (DJEN) execution.
As of January 27, 2025, the National Electronic Justice Diary (DJEN) will be the authorized platform for sharing “non-personal” subpoenas linked to judicial procedures within the Electronic Judicial Process (PJe).
- Timeframe Modifications
Procedural time limits under Resolution 569/2024 will be calculated from the publication in the DJEN, in accordance with Article 224, paragraphs 1 and 2 of the CPC.
If there is any overlap of a subpoena or communication with others, it will be viewed as purely for information purposes.
This rule is applicable in situations where personal opinions or a subpoena are not mandated by the law.
When the subpoena is made public, the publication date will be deemed as the next business day following the release of the DJEN, and the deadline calculation will commence the subsequent business day.
- Publication Format:
Communications processes will adhere to the subsequent steps.
- The judge is communicating shipment data to DJEN.
- Availability date: The time at which communication is made at DJEN.
- Publication date: The first business day following availability.
- The time count begins on the first working day after the publication date.
Art. 224 of the CPC and its subsequent sections are being adhered to accordingly.
- DJEN Access:
The lawyers must oversee and manage the subpoenas directly on the DJEN platform, which is accessible through the specified website.
- Systems transitioning and adapting.
The subpoenas will still be sent electronically by the eproc system, even though it has not been adapted to the new CNJ standards.
Non-personal subpoenas are officially issued by DJEN.
The DJEN is typically the official channel for publishing non-personal subpoenas as per § 2 of art. 11 of CNJ Resolution No 455/2022.
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The publication in the Official Gazette replaces any other forms of official publication for subpoena purposes, except when personal viewing or subpoena is required by law, in which case it will be done through the Electronic Judicial Domicile as specified in the law.
Private legal representation will no longer be summoned by the PJe under the new CNJ standard and will instead be informed via the DJEN.
The Electronic Judicial Domicile will handle cases that necessitate personal appearance, expert testimony, or subpoena of the party or third parties.
When will Electronic Judicial Domicile be implemented?
The Electronic Judicial Domicile is a platform designed for processing personal requests and subpoenas electronically.
This tool will be utilized for processes using the eproc system, particularly from version 9.12 onwards, to centralize personal notifications in one easily accessible location.
The Electronic Judicial Domicile will not be utilized for cases involving 2nd Instance systems like JPe and Siap.
What is the status of the deadline for DJEN?
The procedural time count in the National Electronic Justice Diary (DJEN) underwent a notable change following the adoption of CNJ Resolution No. 569/2024.
Article 11, Section 3 emphasizes the importance of adhering to the regulations of the Civil Procedure Code when counting time limits.
Procedural deadlines will start from the publication in DJEN when personal views or subpoena are not required by law, as stated in Resolution No. 455/2022.
Professionals need to pay attention to this change, as subpoenas and deadlines are becoming more fast-paced and demand closer monitoring of DJEN publications.
What information is necessary and how can you adjust?
The introduction of the National Electronic Justice Diary (DJEN) along with the modifications outlined in Resolutions 455/2022 and 569/2024 by the CNJ mark a significant advancement in updating Brazil’s procedural communication system.
Lawyers need to pay extra attention and adjust to a new way of working due to these changes.
The primary modification involves consolidating non-personal subpoenas under DJEN, which will be the official method of publication starting on January 27, 2025.
Law professionals must stay updated with DJEN publications on a daily basis.
Lawyers need to focus on organizing and consistently monitoring DJEN publications to adjust to these changes. Best AI for Lawyers offers Artificial Intelligence solutions designed to streamline your legal practice and adapt to these new changes.