CNJ determines the automatic suspension of procedural deadlines in states with lockdown

It is important to remember that Resolution no. 314, with maintained effects, determines the suspension of the deadlines of the processes that are processed in physical environment.

The National Council of Justice (CNJ) published on Thursday, May 7, Resolution No. 318 extending the Extraordinary Duty regime established by Resolutions No. 313 and 314 until May 31, with the possibility of further expansion or reduction, considering, among other aspects, the decree of lockdown in different federal units, “preventing the access of magistrates, civil servants, members of the Public Ministry, defenders, attorneys and lawyers to forums, offices and offices” and the need to ensure continuity of activity jurisdictional.

It is important to remember that Resolution no. 314, with maintained effects, determines the suspension of the deadlines of the processes that are processed in physical environment, ensuring the appreciation of urgent matters and the full digitalization, as well as the resumption of the deadlines of the electronic, judicial and administrative processes, in all levels of jurisdiction, except those pending before the Federal Supreme Court and the Electoral Court, since last Monday, May 4. In addition, the designation of procedural acts in the face-to-face modality remains prohibited, by postponing, by reasoned decision, those that cannot be performed electronically due to technical or practical impossibility.

Resolution no. 318 also determined the automatic suspension of “procedural deadlines in cases that are processed in electronic and physical media, for the time that the restrictions last, within the scope of the respective federative unit” when the imposition is verified, by the competent state authority, restrictive health measures to the free movement of people, that is, lockdown.

In the states, it is observed that State Decree nº 35.784 / 2020 stipulated between May 5 and 14, the lockdown for the municipalities that integrate the Maranhão Island Region (São Luís, São José de Ribamar, Paço do Lumiar and Raposa); State Decree nº 729/2020 made it to the capital of Pará and nine other cities of that federative unit (Ananindeua, Marituba, Benevides, Castanhal, Santa Isabel do Pará, Santa Bárbara do Pará, Breves, Vigia and Santo Antônio do Tauá), effective until 05/17/2020; and State Decree nº 33,574 / 2020 instituted a strict social isolation policy in the city of Fortaleza, in the period between 8 and 20 May 2020.

The CNJ, however, dispensed with the need for a formal imposition of lockdown when “the impossibility of free exercise of regular forensic activities is verified”, allowing the Courts to request, in a previous and reasoned way, the suspension of procedural deadlines in the respective jurisdiction or in localities, which can be extended in the event that the Court’s jurisdiction comprises more than one federative unit.

Finally, Resolution No. 318 recommended that subpoenas for hearings and judgment sessions be carried out by an official body, observing a minimum period of five days, except for the existence of a specific provision, as well as indicating that the magistrates ensure that the amounts received by citizens as emergency aid are not subject to seizure, advising that the unblocking be promoted within 24 hours, due to its food nature.

By: Wilson Sales Belchior