Resolution No 455/2022, amended by Resolution No 569/2024 of the National Council of Justice (CNJ), introduced modifications to the process of executing non-personal subpoenas nationwide.
Lawyers and other legal professionals will have to adjust to the new National Electronic Justice Diary (DJEN) system, which serves as the sole method of official publication and centralizes procedural communication, potentially impacting the timeline calculation.
The Electronic Judicial Domicile serves as the platform for delivering subpoenas that necessitate the personal acknowledgment of the involved parties.
This article will outline the key changes and clarify how the timetable count will be implemented. Keep reading to stay informed about the new stage of the electronic subpoena.
What is different with CNJ Resolution 455/2022 and 569/2024?
Resolutions 455/2022 and 569/2024 from the CNJ introduce important modifications to the process of procedural communications in Brazil.
The goal of implementing DJEN is to enhance the effectiveness, openness, and availability of the justice system, fostering better collaboration between lawyers and the judiciary.
Explore the primary modifications.
- Implementation of the National Electronic Justice Diary (DJEN) deployment.
Starting January 27, 2025, the National Electronic Justice Diary (DJEN) will be the designated platform for sharing “non-personal” subpoenas connected to legal proceedings in the Electronic Judicial Process (PJe).
- Timeframe adjustments
Procedural time limits will be calculated from the publication in the DJEN, in accordance with Resolution 569/2024 and Article 224, paragraphs 1 and 2 of the CPC.
If there is any connection to legal action or communication with others, it will be seen as purely informative.
This rule is applicable in situations where personal beliefs or a subpoena are not necessary according to the law.
Therefore, the publication date will be deemed the day after the DJEN release when the subpoena is revealed, and the deadline calculation will commence the subsequent working day.
- Structure of Publication:
Communication procedures will adhere to the subsequent stages.
- Sending information about the shipment to DJEN by the judge.
- Availability date: Time communication is presented at DJEN.
- The publication date is the first working day after the item becomes available.
- Time count begins on the first working day after publication.
Art. 224 of the CPC and its accompanying paragraphs are being adhered to appropriately.
- DJEN Access:
The attorneys must oversee and manage the subpoenas directly on the DJEN through the specified website.
- Systems transitioning and adapting.
The eproc system will keep sending subpoenas electronically even though it is not adapted to the new CNJ standards.
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Non-personal subpoenas are officially issued by DJEN.
The DJEN is typically used as the official method for publishing non-personal subpoenas, as stated in § 2 of art. 11 of CNJ Resolution No 455/2022.
Examine:
Publication in DJEN takes precedence over other methods of official publication, except in cases where personal view or subpoena is legally required, which will be done through the Electronic Judicial Domicile as specified in Law no 11.419/2006.
Private advocacy will no longer be summoned by the PJe and will instead be informed through the DJEN, following the new CNJ standard.
The Electronic Judicial Domicile will handle cases that necessitate personal appearance, expert testimony, or subpoena of parties or third parties as mandated by law.
When will Electronic Judicial Domicile be utilized?
The Electronic Judicial Domicile is a platform designed for conducting personal requests and subpoenas electronically.
This tool will be used for processes utilizing 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 in proceedings related to the 2nd Instance systems, including the JPe and Siap systems.
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How many days are left before the deadline for DJEN?
CNJ Resolution No 569/2024 brought about a notable alteration in the time calculation process in the National Electronic Justice Diary (DJEN).
Article 11, Section 3 specifies that the deadline calculation must adhere closely to the regulations outlined in the Civil Procedure Code.
Procedural deadlines will start from the publication in DJEN if personal views or subpoena are not required by law.
Professionals need to pay close attention to this change, as the processes related to subpoenas and deadlines are becoming more efficient and demand closer monitoring of DJEN publications.
What information must you understand 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 of 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 difference is that non-personal subpoenas will now be centralized in DJEN, which will serve as the official publication platform starting on January 27, 2025.
Law professionals will have to stay updated with DJEN publications on a daily basis.
Lawyers need to focus on organizing and staying updated on DJEN publications to adjust to the changes. Best AI for Lawyers offers Artificial Intelligence solutions to help streamline legal practices and adapt to new developments.
What is stipulated by CNJ Resolution No 569/2024?
Resolution No. 569/2024 from the CNJ establishes that the National Electronic Justice Diary (DJEN) will serve as the official platform for non-personal subpoenas, consolidating procedural communication and modifying the way time is counted.
What modifications were introduced by CNJ Resolution 569/2024?
The Resolution changed how procedural time is calculated, starting from the publication on DJEN as per CPC art. 224, and designated DJEN as the sole channel for non-personal subpoenas.
How does the Djen term count operate?
The deadlines begin on the first business day following the publication on DJEN. The release date on DJEN is taken into account, and the countdown starts on the following business day.
What is the result of the new CNJ resolution?
The new resolution establishes DJEN as the official method for non-personal subpoenas and the Electronic Judicial Domicile for personal subpoenas, streamlining and updating procedural communication.
