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Electronic Service of Summons in Brazilian Court Proceedings

View profile for Marcos Martins
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The Brazilian Civil Code of Procedure, enacted in 2016, mandates in Article 246, paragraph one, that all companies must maintain updated information in the court's electronic system to facilitate the electronic service of summons.

This provision of the Code of Procedure was further detailed by Resolution 455/2022 issued by the National Council of Justice.

Article 16 of the Resolution stipulates that every private company (excluding small ones as defined by specific legislation) is required to register its email address in the database of the Brazilian Judicial System.

Failure to provide an email address will result in the use of the email provided by the company to the Brazilian IRS.

The deadline for updating this information is May 30, 2024.

In case of failure to confirm receipt of electronic notifications, a fine of up to 5% of the value of the claim may be imposed, as per Article 246, § 1º-C of the Civil Code of Procedure.

It is imperative for companies to comply with this regulation, ensuring the accurate insertion of their email addresses and actively monitoring the receipt of summons and notifications from the courts to prevent default judgments and fines.

This new rule holds particular significance for foreign shipping companies, given the common practice of having summonses served through ship agencies, which may not always be the correct shipping agency.