During the forensic recess, the court’s schedule is adapted to address only pressing matters. In the Court of Justice of Rio Grande do Sul (TJRS), this break is scheduled from December 20, 2024, to January 6, 2025.
Procedural deadlines will be paused during this period, and usual activities like hearings and trials will not take place.
Lawyers must grasp the workings of prompt procedural deadlines and court schedules during this time.
This article compiles key details to help you effectively plan for the 2024/2025 forensic break.
How does the forensic break at TJSP 2024/2025 function and what are its regulations?
What are the time limits and urgency in the TJRS during the 2024/2025 forensic break?
The regular operations of the TJRS will be paused from December 20, 2024, to January 6, 2025, as outlined in Act No. 13/2024-OE, Article 3.
The forensic office is closed from December 20 to January 6, inclusive.
During that time period, the procedural deadlines will be put on hold, and only urgent matters will be addressed in person.
There will be no hearings or trial sessions held during this time, as stated in Article 2(1) of Act No. 13/2024-OE.
The organization of hearings and trial sessions, along with the publication of office notes, falls under the scenarios outlined in Resolution No. 1458/20 COMAG for criminal proceedings involving incarcerated defendants.
During this time, individuals will be able to visit the secretariats or offices to seek advice, retrieve relevant documents, and obtain copies, as outlined in Article 2 V.
The physical processes in the office or secretariat can be observed, and copies can be obtained as needed during the working days, which will be considered as a notification of the actions performed until then.
The standard file will be on hold until 6 January during the forensic recess at TJRS, but justice officers can still serve citation and subpoena warrants as specified in Article 2, section VI.
Officers of justice are allowed to adhere to citation and subpoena warrants according to Article 2, Section VI.
The planned auctions and public sales will proceed as scheduled, and the announced auction, citation, and summons will stay effective. Moreover, there are no obstacles to issuing new notifications.
Procedural deadlines will be paused during the mentioned period, as outlined in Article 2 VI and VII.
The auctions and specified squares are maintained.
The publication of auction, citation, and subpoena notices that have already been published will not be affected, and new notices can still be published. Only the procedural deadlines are suspended during this time.
The suspension will stay in effect until January 20, 2025, as stated in Article 1 of Act 13/2024-OE.
Procedural time limits are halted every year from December 20th to January 20th, as outlined in Resolution no 02/2014- Special Organ of August 5, 2014, except in specific circumstances.
Forensic break at TJMG 2024/2025: Procedures and guidelines
How are electronic subpoenas and citations utilized during the Forensic recess in the TJRS 2024/2025?
The subpoenas and other procedural acts carried out during the 2024/2025 forensic recess at the TJRS will be deemed effective on the first working day thereafter, as outlined in Article 2, Section II, of Act No. 13/2024-OE.
Subpoenas and other legal procedures conducted during the suspension period, whether in physical or electronic form, will be deemed valid on the working day immediately following the end of the suspension.
Electronic subpoenas and citations issued or provided during this time period were determined to be valid.
Electronic subpoenas and citations provided or executed passively during the suspension period must adhere to the guidelines outlined in Article 5 of Federal Law No. 11.419 of December 19, 2006, and the regulations of this Court.
Article 5 of Federal Law no 11.419/2006 states:
Subpoenas will be electronically issued on the portal of the registrants as per Article 2 of this Law, without the need for official publication, including electronically.
The subpoena is considered served on the day the recipient accesses and confirms receipt of the electronic content of the subpoena.
If the consultation mentioned in paragraph 1 is not helpful, the subpoena will be considered to have taken place on the next first working day.
The consultation mentioned in paragraphs 1 and 2 of this Article must occur within 10 days of receiving the subpoena, with the subpoena being considered automatically at the end of that period.
Electronic mail may be used to inform individuals who have shown interest in the service about the receipt of the subpoena and the automatic start of the procedural deadline as stated in § 3 of this article.
In cases of urgency or potential harm to parties, the judge may authorize an alternative method for the procedural act to be carried out.
Subpoenas issued in accordance with this article, such as those related to Public Finance, will be deemed personal in all legal aspects.
Rules, Deadlines, and Urgent Measures in Forensic Recess under the CPC
Judicial Plant during the Forensic Recess 2024/2025: Initial Stage of the TJRS
Explore the details regarding the initial court’s activities during the legal break at TJRS 2024/2025.
What are the operating hours of the Judiciary Plant during the Forensic Recess of the 1st Instance of the TJRS 2024/2025?
The Judicial Plant of the 1st Instance of the TJRS will operate on specific days and times during the Forensic recess of 2024/2025.
- Days: December 20, 23, 26, 27, 30, 2024, and January 2, 3, 6, 2025.
- Schedule: 12:00 PM to 7:00 PM.
Procedural deadlines will be paused during this time, with priority given to urgent matters.
As stated in Article 2 of Law No. 150/2024-CGJ:
The Plantation System outlined in this legislation involves work scheduled for specific dates and times in December 2024 and January 2025.
Emergency measures will be handled by the designated Judge(s) and server(s) during specified times, including holidays and weekends, as outlined in the article. The schedule for handling emergencies will be determined based on the plantation scale set for each region for the current year and the start of 2025.
How will the petition be processed at the 1st Instance Judicial Plant during the 2024/2025 Forensic recess of the TJRS?
Petitions concerning cases at the 1st Instance during the forensic recess 2024/2025 in the TJRS must be conducted electronically through eproc for processes in digital form.
Petitions for physical processes should be submitted via the website.
The lawyer must contact the Plantation Service by phone in either case, informing them of the petition submission and providing the process number.
For additional details, please visit the official TJRS website at: https://www.tjrs.jus.br/new/communication/fale-conosco/plants/
How will the judicial circuit happen in the rural areas during the court break of 2024/2025 in the TJRS?
Plantation organization in the inland regions may be done on a regional basis as outlined in Resolution no 1458/2023-COMAG, overseen by the Director of Foro.
The responsibility for addressing immediate needs regarding current physical processes will lie with a monitoring server in each department.
This server needs to be accessible to access the registry, find the vehicles, and make necessary decisions.
This guidance is specified in Articles 4, Section 1 and 2 of Act No. 150/2024-CGJ.
In the Interior Comarcas, the Magistrate Director of Foro is required to organize concierge services during activity suspensions by providing a list of Magistrates and staff assigned for this period, along with their contact information. This information must be shared with relevant authorities and publicly displayed in the forum lobby.
There will be a server dedicated to managing electronic processes, as described in the previous section.
For immediate actions concerning ongoing physical processes, one server per unit is allowed to stay on standby, with the ability to access the registry, find the process, and follow the instructions.
The same law establishes the following rules for the initial and intermediate criteria.
In Initial Entry Marks that do not choose regionalized planting in the recess, one Magistrate will be responsible for addressing urgent actions, regardless of the number of units.
The quantity of judges listed in an attached table will be retained, with the option of potential modifications.
If Magistrates do not agree, they will continue to operate under a previous system where new urgent tasks will be assigned as usual. The distributor or server responsible for the sector’s activities must also stay on standby.
What crops will be grown first in the Porto Alegre District during the 2024/2025 court recess?
During the forensic break in 2024/2025, services in the Porto Alegre District will be provided under the specified conditions.
Service days.
- December 20th, 23rd, 26th, 27th, and 30th, 2024.
- January 2, 3, and 6, 2025.
Capital Comarca Plant Service is the main organ.
Timetable: Operating hours are from noon to 7:00 pm.
To address immediate needs, regardless of whether they are new or related to existing processes.
The determinations are outlined in Article 7 of Act No. 150/2024-CGJ.
Emergency measures in Porto Alegre District will be accepted by the Central Foro Plant Service from December 20 to 30, 2024, and January 2 to 6, 2025, between 12 PM and 7 PM, in accordance with Resolution No. 1458/2023-COMAG.
The work during the planting process should be carried out remotely, as indicated in Article 8, Section 1.
The Capital Plantation Service of the Comarca will primarily be conducted through remote methods.
A chosen server for each unit will be on standby to handle and follow urgent decisions related to physical processes.
Electronic procedures, whether they are recent or in progress, should be managed from a distance whenever possible.
This guidance is outlined in Article 8, Section 4, of Act No. 150/2024-CGJ.
At least one server from each unit must be available to handle urgent tasks related to ongoing physical processes. For electronic systems, instructions may be remotely provided by the supervising server of the respective judicial unit, following the established procedures.
How will urgent criminal matters be addressed during the forensic recess at the First Instance of TJRS 2024/2025?
The emergency measures operation in the criminal sector during the court recess at TJRS will occur at the specified sites.
- Criminal Punishment Implements
- Penalty by Execution Stick and Other Options
- Judges overseeing cases of violence against women in domestic and family settings.
Dates of support.
- December 2024: 20, 23, 26, 27, 30
- January 2025: 2, 3, 6
Service hours information.
- From noon to 7 p.m.
- The service will be carried out on-site, with a preference for remote assistance.
Art. 10(1) of Act No. 150/2024-CGJ establishes this provision.
In Porto Alegre District, urgent measures in various courts will be handled from 12 p.m. to 7 p.m. on specific dates in December 2024 and January 2025.
The units mentioned in this article will provide their services mainly through remote methods in a relay system between the Magistrates and servers working in those units, as scheduled by the Magistrates and reported to the Correction-General of Justice.
Forensic break in the CPP: Regulations, Timelines, and Immediate Actions
How will the service operate for urgent matters concerning Children and Youth and allow for travel during the court recess in the 1st Instance of TJRS 2024/2025?
The urgent measures for children and youth during the court recess in TJRS will be carried out at the following care facility.
- Instant Justice – JIN
Dates of assistance.
- December 2024: 20, 23, 26, 27, 30
- January 2025: 2, 3, 6
Hours of operation:
- From noon to 7 pm
Responsible party.
- Attendance conducted by a Magistrate appointed by the Directorate-General for Justice.
Infancy and youth magistrates are in charge of discipline.
- Responsible for creating the server’s size.
- Informing the Correction-General of Justice about the magnitude of the situation.
Urgent measures in the Jubilees of Childhood and Youth and their projects will be handled promptly by a designated Magistrate in Instant Justice (JIN) during specified dates and times in December 2024 and January 2025.
The process for obtaining court approval for the travel of minors will take place in the following manner:
- Salgado Filho Airport Car Rental Location is where you can find car rental services.
- Schedule is from 12:00 to 19:00 on weekdays.
View the current weather prediction in Act No 150/2024-CGJ.
The legal authorization for children and adolescents to travel will be issued by the Plantation Service of the Central Forum during the working hours of the Salgado Filho Airport Service Station.
How will civil prison and custody hearings be conducted during the 2024/2025 forensic recess at the TJRS?
Act No 150/2024-CGJ’s Article 20 governs civil prison communications and custody hearings during the 2024/2025 forensic recess at TJRS.
In the Inland Districts, activities will be governed by specific rules outlined in the legislation, whereas in the Porto Alegre District, guidelines tailored to the capital are provided in §2 of article 20.
Find additional information on how these measures will be implemented in each scenario.
In rural areas, the review of civil prison communications and the holding of custody hearings for cases entering the eproc system after 2 p.m. will be handled by the judge on duty the following day, unless decided otherwise by the Magistrates.
In Porto Alegre, the District is responsible for analyzing civil prison cases and conducting custody hearings entered into the eproc system from Monday to Thursday.
The Magistrates and staff of the Recess Plant work from 11:01 to 18:00 when measures are entered into the eproc system, unless the Magistrates decide otherwise.
Magistrates and plant service range servers are permanently responsible for handling measures in the eproc system from 6:01 PM to 11 AM the next day, unless otherwise decided by the Magistrates. In Porto Alegre, the analysis of civil prison cases and conducting custody hearings in the eproc system is scheduled for Fridays (20/12/2024, 27/12/2025).
Judicial Plant in the Forensic Recess 2024/2025: The Second Instance of the TJRS
Information regarding the judicial plantation of the 2nd Instance during the Forensic recess in the TJRS 2024/2025 can be found below.
What issues are examined in the Second Instance Judicial Plant of the TJRS?
During the TJRS Forensic recess, only measures submitted on a planting basis that match the scenarios outlined in Article 1 of the Regimental Seat 03/2014-OE will be reviewed by the overseeing magistrate.
The court of justice will handle judicial measures within its jurisdiction at the central forum (predio I) and assign them to the relevant magistrates for examination.
When the petitioner or detainee is a state legislative power member, server, or authority whose actions fall under the court’s jurisdiction, or when there is a risk of imminent harm before another court can address the petition, “habeas corpus” applies.
Warrants of security are provided against various state officials, including the governor, state legislative assembly, secretary of state, state court of accounts, judges, members of the public ministry, and state attorney general.
In cases of emergency, police authority or state public ministry representation may request preventive or temporary imprisonment.
Requests for search and seizure of individuals, items, or assets are accepted if there is clear evidence of urgency.
An urgent action, whether civil or criminal, that cannot be completed during regular office hours or else the delay could lead to significant harm or challenging repairs.
Notices of detention and evaluation of requests for temporary release are handled by the authority specified in Article 96, sections X and XI of the Great River of the South state constitution.
The emergency protective measures under the Maria da Penha Act (Law 11.340/2006) will be reviewed, even if the victim is not present, as long as the police send the case documents, as stated in Article 1(3).
The lawyer must clearly justify the appropriateness of his action to the planting schedule and demonstrate its urgency as specified in Article 2 of the Single Paragraph of the Regimental Seat 03/2014-OE.
The judicial actions under a planting system will only be referred to the presiding judge for evaluation if the conditions set out in Article 1 of this provision are explicitly fulfilled.
The petitioner must clearly show how their request aligns with planting requirements and demonstrate its urgency.
When making the request, it is crucial to be extra attentive since if the magistrate on duty determines there is no urgency or risk, the case will be transferred to regular processing the next workday as per Article 3 of the Regimental Seat 03/2014-OE.
After the planter magistrate confirms that there is no harm and that the situation is urgent, the case will be sent for regular processing on the following first workday.
How will the petition be processed in the Second Instance Judicial Plant during the 2024/2025 Forensic Recess of the TJRS?
The request from the second-level judiciary plantation of TJRS will adhere to the guidelines outlined in Article 2 of Act 02/2023-1aVP.
Any request regarding cases processed in the eproc System must be made solely within this System.
All actions related to processes in the eproc system must be done solely through this platform.
During the recess, the lawyer should get in touch with the judicial team urgently to provide the case number and explain the situation using the specified phone numbers.
- Plant – Public Law: (51) 99523-4738
- Plant specializes in Criminal Law and can be reached at (51) 99971-8283.
- Plant – Private Law: (51) 99981-4887
If the contact with the plant is not made to convey the urgency, the petition will only be reviewed by the appropriate court after regular forensic activities resume.
Article 3 of Act 02/2023-1aVP regulates the functioning of the Judiciary Plant at the 2nd Instance of the TJRS.
How will the absence of the TJRS system be handled during the 2024/2025 Forensic recess in the second instance judiciary?
If the TJRS eproc system is not working during the Forensic recess 2024/2025, requests for the filing of 2nd Instance may be submitted in person.
The lawyer needs to go to the Balcony of the Emergency Service, situated at Foro Central I on Avenida Aureliano de Figueiredo Pinto in Porto Alegre.
The lawyer can reach the plantation of the 2nd Instance of the TJRS during the 2024/2025 Forensic break via email at [email protected].
Check for additional details at this link: https://www.tjrs.jus.br/static/2024/08/Protocol-no-Plantao-Jurisdicional-de-2o-Grau-15-08-2024.pdf
The significance of monitoring changes and protocols during the forensic recess of 2024/2025 at TJRS.
The TJRS forensic recess for 2024/2025 will occur from December 20 to January 6, with non-urgent cases being suspended except for urgent measures handled by the judicial team.
During the TJRS recess, it is crucial to pay close attention to the specific dates and procedures for each type of process, as procedural deadlines are suspended and hearings and trial sessions are sealed.
For additional information on the planting and execution of procedural acts during this time, we suggest visiting the official TJRS website and staying updated on the court’s operations.
Read and enjoy the article about Forensic Recess at TJRJ 2024/2025, focusing on the regulations and court procedures.