Forensic recess is a crucial time in the São Paulo Court of Justice’s schedule, during which routine court proceedings are halted, focusing solely on urgent cases.
In 2024/2025, the break takes place from December 20 to January 6, with particular regulations impacting deadlines, process allocation, and the functioning of the judicial establishment.
This article offers comprehensive information about the TJSP court system for lawyers, including schedules, filing procedures, and important tips to prevent delays.
Forensic break in Civil Procedure Code: Regulations, immediate actions, and time management
How does the forensic recess operate in the TJSP 2024/2025?
The forensic recess, as outlined in Law No. 5.010/1966, involves pausing procedural deadlines and halting usual court operations from December 20 to January 6.
During this period:
- No hearings or trials take place.
- The deadlines for procedures are still on hold.
- Urgent cases are the only ones considered within the planting schedule.
Judicial Plant during the Forensic Recess 2024/2025: First Instance of the Court of São Paulo.
The Judiciary Plant at the 1st Instance of the TJSP ensures the provision of vital services throughout the recess in 2024/2025.
This estate handles urgent and emergency cases to maintain the smooth running of judicial operations.
What topics are examined in the First Instance Judicial Plant at the TJSP?
The first plantation is solely dedicated to the materials specified in Article 1.128 of the General Correction of Justice Service Standards, as stated in Joint Communiqué 948/2024.
The inquiries addressed during the initial plantation of TJSP involve:
The judicial building is designated solely for handling urgent measures and other matters related to essential services.
I) Habeas corpus involves police authority as a coator.
Requests for cremating a body.
Requirements for performing examinations on bodies in cases of abuse of power.
Applications for provisional release, release in civil and criminal cases, and urgent criminal execution.
Applications for requesting precautionary measures due to serious risks to the life or health of ill individuals.
Requests for police authorization to conduct searches and seizures at home.
VII) Authorization of police authority to order preventive or temporary detention when the request cannot be processed promptly; VIII) Situations involving the seizure and release of juveniles accused of committing offenses.
Emergency guardianships can be implemented in cases where the rights of children and adolescents are violated, such as situations involving the removal from family life.
Communications about the arrest in a clear crime.
Applications can be made to detain foreign ships in domestic waters to secure debts and subsequently release any ships held in port.
Protests were requested on the ship.
Which materials are not examined at the First Instance Judicial Plant of the TJSP?
The 1st Instance Judicial Plant of the TJSP does not accept materials that fall outside its jurisdiction, as specified in Article 1.128, § 1, § 2, and § 3 of the Service Rules.
Paragraph 1 of the caveat in the special judicial system will not consider incidents related to visitation rights as per a decision.
The legal plantation is not meant for:
I – to repeat the plea made earlier by the court of origin or in a previous decision, without prejudice to the provisions of Articles 14 and 17 of the Civil Procedure Code.
Repeated again.
No appeals, petitions, or other methods mentioned in the previous sections can be submitted without first being reviewed by the judicial Registrar or relevant server and, if necessary, consulting the Judge on duty.
How will the TJSP system’s unavailability be managed during the 2024/2025 Forensic recess in the 1st Instance court?
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If the official computer system of the TJSP is not working, as indicated on the Court’s website, operations will be conducted using contingency measures. All correspondence and communications should be done using institutional emails, as outlined in item 23, and following the guidelines in Joint Communication no. 670/2024 and Art. 1.130-G of the NSCGJ.
During the 2024/2025 forensic recess, the plantation will operate on contingency if the system is not accessible, as specified in TJSP Joint Community 948/2024.
All requests, communications, and agreements must be conducted solely via official email addresses in this scenario.
Technical assistance for attorneys will be available through the official website https://www.suportesystemstjsp.com.br as stated in section 29 of Joint Communication 948/2024.
Call times will be scheduled as follows:
- Useful hours are from 8:00 AM to 11:59 PM.
- From 9 AM to 6 PM on holidays, holiday eves, and weekends
Legal document.
Technical assistance for attorneys will be available solely through the website https://www.supportsystemstjsp.com.br/. During breaks, service hours will be from 08:00 to 23:59 on weekdays and from 09:00 to 18:00 on holidays, holiday eves, and weekends.
What is the schedule of the Judiciary Plant during the Forensic Recess of the First Instance of the TJRJ 2024/2025?
The Judiciary Plant of the 1st grade of the TJSP will operate from 9 a.m. to 1 p.m. during the Forensic Recess 2024/2025.
In custody hearings, the detained individual must be presented and the arrest warrant must be served by 11:00.
The 11th hour deadline also pertains to:
- Compliance with arrest warrants for temporary, preventive, permanent, or civil detentions.
- Transporting convicted individuals who meet requirements related to temporary release.
This guideline is outlined in sections 1 and 1.1 of the Joint Communication No 948/2024.
Plantings at the initial stage are meant for examining the materials specified in Article 1.128 of the General Correction Service Standards and will take place from 9am to 1pm.
The detained individual must be presented and informed of the reason for their arrest or served with an arrest warrant by 11 a.m. during Custody Audiences.
Custody hearings will take place for all prison situations, including cases where conditions for temporary releases are not met.
Custody hearings will take place for individuals in various types of prison custody, including those under arrest and those sentenced for not fulfilling temporary release obligations.
What will be the format of the 1st Instance Judicial Plant at the TJSP during the 2024/2025 Forensic Recess?
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The initial plant installations will take place first.
Capital District:
Target Plant and Early Stages of Life from a Distance.
Criminal plan conducted in person.
Interior regions: In the format currently employed in each judicial district.
Judicial districts can be found in the document CircJudAtentimentoRemotoPlantoes.pdf available on the tjsp.jus.br website.
More court districts: in person.
The modalities will be arranged as outlined in item 2 of the Joint Communication 948/2024.
- Plant target: conducted from a distance.
- Childhood and youth are nurtured even when physically distant.
- Criminal Plant: will happen in person.
In the rural regions, the structure will be in line with the existing model used by each Judicial District.
Regions currently utilizing the remote plant will persist with this operational method.
The teams in charge of distributing and managing the protocol tally and issuing certificates worked remotely during the TJSP 2024/2025 forensic recess.
How will the petition be processed at the 1st Instance Judicial Plant during the Forensic Recess 2024/2025 of the TJSP?
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The first requests must be submitted in the “Plant Forum” of the relevant Judicial Circumscription, following the rules of competence outlined in Article 1.128 of the General Correction of Justice Service Standards.
Automatically distributed through integration with SAJ/RDO at Police Stations.
The remaining prison communications should be sent by email to the designated individual in charge of the land plantation or to the official email address of the criminal unit in the capital city.
Police Stations issue notices of imprisonment due to warrants being enforced, which may include temporary, preventive, definitive, and civil arrests. The Department of Penitentiary Administration communicates with sentenced individuals regarding non-compliance with duties related to temporary exits.
You need to include the Capture Occurrence Bulletin, a completed warrant (except for cases of not fulfilling temporary exit duties), and the request for examining the crime body in PDF format in the email.
The individual in charge of the plantation should send the document via email to the Distributor’s team, who will input the information into the computerized system using the appropriate categories and classes as needed.
Initial requests should be submitted in the “Plant Forum” of the relevant Judiciary Circumscription as stated in item 5 of the Joint Communiqué 948/2024.
Urgent inquiries regarding current activities off-site must be submitted via:
- Initial Electronic Petitioning submitted to the “Foro Plantão.”
- Choosing the right class:
- 1727 – petition regarding criminal activity
- Offense petition 10979.
- “241 – civil application”
- Petition for children and young people – 11026
- Subject “50294 – intermediate request” utilization.
- The petition should clearly state the number of proceedings and include all required documents for review.
Initial requests must adhere to the guidelines outlined in sections 5.1 and beyond of Joint Communiqué 948/2024, in addition to imprisonment communications and failure to comply with temporary departure obligations.
Requests that are already being processed in the Plantão should be routed directly within the process through an intermediate electronic petition.
The guidelines are detailed in items 6 and 7 of the Joint Community 948/2024.
Urgent requests related to initiating legal procedures outside the Special Judiciary Plant must be submitted through an Initial Electronic Petition in the “Foro Plantão” of the relevant Judiciary Circumscription, using specific classes such as “criminal petition,” “infractional petition,” “civil petition,” or “petition childhood and youth civil.”
Procedures in the Special Judiciary Plant must be requested through an intermediary electronic petition within the process.
Injunction requests submitted outside the appropriate “Planet Forum” will not be acknowledged, as stated in section 8.
Injunction requests submitted in units other than the designated “Plant Form” will not be acknowledged unless verified by the Police Authority. In such cases, the request should be sent via email to the responsible individual for the plantation along with a signed document from the Police Authority indicating the error in submission.
Judicial Plant during the Forensic Recess 2024/2025: TJSP’s 2nd Instance
The TJSP also operates the Judiciary Plant during breaks to handle urgent cases in the 2nd Instance, such as habeas corpus and precautionary measures.
The service guarantees the examination of crucial matters while regular activities are paused.
Which topics are examined in the Second Instance Judicial Plant at TJSP?
Only specific issues are considered in the appellate court of the TJSP.
The plantation of the 2nd Instance is exclusively responsible for analyzing the issues outlined in Article 1 of Provence 579/1997, as stated in Article 2 of Resolution 495/2009 of the TJSP.
The materials evaluated for the plantation of the 2nd Instance of the TJSP include:
The Judiciary Plant is solely meant for:
a) understanding the instances of habeas corpus arrests where one is involved as a law enforcement officer;
The court should not repeat a previous request without considering the Civil Procedure Code’s relevant articles.
The authority of the appropriate judge overseeing the plantation will continue to be valid even after it is closed, and will extend until the case is reopened on the next immediate day.
Access to the Magistrate will be granted via the Director of the Serventia or their delegate, who will have an official cell phone with a number shared with the police station, the local Order of Lawyers, and the Public Ministry in the region.
Urgent actions and methods for calculating deadlines in Criminal Forensics.
Which materials are not examined at the TJSP’s 2nd Instance Judicial Plant?
Art. 2 of Resolution 495/2009 of the TJSP outlines the permissible materials for treatment in the 2nd-degree Judicial Plant, while also identifying situations that are not suitable for this area.
Please see the information provided below:
Cases that are not within the jurisdiction of the plantation will not be processed, and there will be no subpoenas related to other ongoing cases.
No requests for the withdrawal of funds or the release of seized items will be considered under Article 2, Section 2.
Requests that have already been reviewed will not be considered unless there is a significant new submission, as stated in Article 2, § 5.
Art. 2, § 6 states that requests or petitions about cases assigned to a particular judge cannot be made unless there is new pertinent information.
These regulations support the objective of the planting, which focuses solely on addressing pressing matters.
Forensic Labor (CLT): Immediate actions and deadlines for labor procedures
How will the distribution of cases at the TJSP be during the Forensic Recess 2024/2025?
Process distribution during TJSP’s 2024/2025 forensic recess will typically continue until Thursday, December 19th.
This decision is outlined in Article 1 of the Joint Decree 10.517/2024.
On December 19, 2024, the Egrégio Court of Justice will continue to accept regular case distributions between 12 and 24 hours on the last working day of the year.
How will requests for preliminary injunctions or anticipatory guardianship be handled?
Processes submitted by 19/12 with requests for urgent relief recorded in the e-SAJ will be reviewed by the assigned judges on 20/12. This review may continue on days 21 and 22 if needed.
The analysis will adhere to the order of entry specified in Article 2 of Joint Decree 10.517/2024. Refer to the comprehensive forecast.
Processes filed with requests for preliminary injunctions or anticipatory guardianship in the e-SAJ portal will be prioritized for review by the designated Magistrates in the following days of December.
How will requests made outside of the designated time or without proper identification be handled for the Judiciary Plant?
Applications that are submitted during the TJSP Forensic Recess from 20/12/24 to 06/01/25 without mentioning the subject (50295 – Judicial Plant – 2nd Degree) will be processed, assigned, and sent to the Rapporteur starting from 07/01, following the order of submission.
Applications submitted outside of the judiciary plant’s operating hours, which are from 9 am to 12 pm, are subject to the same rule.
The planting magistrate has the authority to determine whether to grant the requested injunction or provisional guardianship, as outlined in Article 4 of Joint Decree 10.517/2024.
This prediction is outlined in Article 3 of the mentioned portal.
Applications submitted outside the designated time frame and without the specified subject will be processed starting from January 7th.
How does the Judiciary Plant operate during the Forensic Recess 2024/2025 in the Second Instance of the TJSP?
The Judiciary Plant during the Forensic Recess of 2024/2025 at the 2nd Instance of the TJSP will adhere to the directives outlined in Joint Communication no 274/2024.
The procedure includes designated time frames, instructions for managing situations, troubleshooting for system downtime, and contact information.
Explore the information regarding the following subjects.
When is the court session scheduled for the 2nd Grade of the TJRJ 2024/2025 during the Forensic Recess?
Plant time will be as stated in Joint Notice no 274/2024.
The Digital Recess Plant is scheduled to occur from December 20, 2024, to January 6, 2025, with activities running from 09:00 to 13:00, and requests accepted from 09:00 to 12:00.
How will the petition function in the 2nd Grade of TJSP 2024/2025?
The process needs to be conducted using the Initial Electronic Petitioning System of 2nd Degree, specifically for the subject “50295 – Judicial Plant – 2nd Degree” directed to the appropriate Section.
The petition can be conducted between 9 a.m. and noon.
Petitions must adhere to the specified timetable for processing and forwarding to the appropriate body starting from 07/01/2025.
These guidelines are detailed in items 1.1 and 1.2 of the Joint Communiqué no 274/2024, which regulates the functioning of the digital plantation during the recess in the TJSP.
Please review the following:
Initial requests must be submitted between 9:00 am and 12:00 pm through the Initial Electronic Petitioning of 2nd Degree, using subject 50295 – Judicial Plant – 2nd Degree, for the appropriate Section, as stated in Article 33 of the Internal Rules and Resolution No. 623/2013. This request should be registered, distributed to the planting magistrates, and published in the Electronic Justice Diary.
Petitions submitted after the specified deadline will be processed in the order they were received starting from July 1st, 2025.
How will the absence of the TJSP system be handled during the Forensic Recess 2024/2025 in the 2nd grade plantation?
If the TJSP system is not available between 9am and 12pm for filing petitions in the 2nd floor, you can submit the request as a PDF to [email protected].
Including the screenshot or image that demonstrates the system’s unavailability is crucial in the message.
After the shipment, the request will be reviewed and determined by the available judge.
When the system is back up, the paperwork concerning the process should be emailed to the unit in charge of handling the request.
This is specified in the Joint Communication No 274/2024.
If the system is down between 9 to 12 hours, orders will be emailed to [email protected] in PDF format along with a system unavailability message. The case will proceed via email for review by the magistrate and communication with the petitioner. Once the system is back up, documents for each case must be sent to the appropriate unit’s email for processing: to Inputs for initial petitions and to the Cartories of the relevant Judicial Plants for intermediate petitions in the processes.
How can attorneys get in touch with the 2nd Instance Court of São Paulo State during the 2024/2025 Judicial Recess?
Lawyers are allowed to contact the 2nd grade plantation of TJSP via email [email protected] during the Forensic Recess 2024/2025, as outlined in item 3 of the Joint Communiqué No 274/2024.
During the Digital Recession Plant operation in Second Instance, the email [email protected] is required for communication with internal and external contacts, including lawyers, prosecutors, public defenders, and civil and military police. The individual managing the support team for the plantation must regularly check this email between 9 AM and 1 PM.
Planning and arranging for a calm forensic break.
Forensic break at TJSP 2024/2025 necessitates careful attention and coordination from legal experts.
Understanding the regulations regarding due dates, timetables, and submission protocols is crucial to prevent delays and guarantee prompt attention to pressing matters.
Lawyers can efficiently operate during this period by adhering to the TJSP guidelines and utilizing the communication channels provided, like the judiciary squad’s email.
Consult the relevant regulations and stay informed to facilitate the transition between the closure and reopening of usual operations. Refer to the timetable and regulations released by TJSP for further details.