Mário Conforti
Lawyer at Marcos Martins Advogados
Technology is an important ally in improving and modernizing the judicial process. The more agility combined with information security, the more efficient the delivery of justice will be. Even in the face of the possibility of scams and attempted data breaches, reducing the bureaucracy of procedures in a protected environment is fundamental to guaranteeing the expected legal certainty and generating more confidence for investors
The summons is the first act of communication with the defendant in all legal proceedings, initiating the procedural relationship between the parties involved. Service, which previously predominated in its physical form, by means of letters, notices or in person through bailiffs, aims to be optimized and facilitated through Law 14.195/2021, by which service by electronic means has become the preferred form.
The new rule aims to speed up this first stage of the judicial process. Although service is an extremely formal act, modernizing the way in which it is carried out is important in order to reduce the difficulties of finding defendants, which, to this day, is a reality that greatly delays the progress of cases.
All public and private companies are now obliged to keep their records up to date with the Judiciary, so that they can receive summonses electronically. Therefore, companies that do not yet have their data registered and updated on the platforms of the judicial bodies should prioritize action in order to avoid future complications in receiving summonses.
Micro-enterprises and small businesses that don’t have an e-mail address registered with the integrated system of the national network for simplifying the registration and simplification of companies and businesses must also register with the bodies of the Judiciary. Individuals are exempt from this obligation.
In general, technological advances applied to the law bring important benefits for the modernization of the judicial process. The preference for electronic means can contribute significantly to reducing the time required to serve the defendant, as well as the costs of this communication, which previously predominated in physical means. However, there is no denying the implicit risk of this electronic communication format. The online environment can open the door to a wide variety of scams.
In order to mitigate these risks, the new law has also made it compulsory to include guidelines for confirming receipt of the summons, along with a code that allows it to be identified. This is because, if the defendant does not confirm receipt within the established period of three working days, the summons will be served by physical means, such as letters or bailiffs. It is important to note that the lack of just cause for the defendant’s failure to confirm receipt of the e-mail will constitute an attack on the dignity of justice, subject to a fine of up to 5% of the value of the case.
The aforementioned law also changed the start of the period for the defendant to object when served by electronic means, which now begins to run on the fifth working day following confirmation of receipt of the summons by electronic means. In addition, the electronic summons must be sent within two working days of the judge’s decision ordering the defendant to be served, and must be served within 45 days of the action being filed.
There are still many unanswered questions on the subject, such as the appealability of the decision to impose the fine for an act of infringement, the guidelines for confirming receipt of the summons by electronic means, among others.
However, it should be noted that technology is an important ally in improving and modernizing the judicial process. The more agility combined with information security, the more efficient the delivery of justice will be. Even in the face of the possibility of scams and attempted data breaches, reducing the bureaucracy of procedures in a protected environment is essential not only to guarantee the expected legal certainty, but also to generate greater confidence for both Brazilian and foreign investors.
The modernization of the judiciary is a very welcome reality that tends to evolve in line with technological advances. There is no going back, but we must not give up on the security and guarantees that are essential for justice.
