The procedural file remains prohibited by Resolution No. 314, and the Courts are responsible for stipulating the rules of remote work of magistrates, civil servants and employees.
The National Council of Justice (CNJ) published on Monday, April 20, Resolution No. 314, partially extending the Extraordinary Duty regime, instituted by Resolution No. 313, from March this year, until May 15, 2020, with the possibility of expansion or reduction, as needed, by an act of the CNJ presidency, as well as changes in the rules for suspending procedural deadlines, considering, for this purpose, the persistence of the public health emergency situation in the country.
The deadlines of the processes that are being processed in the physical environment remain suspended, guaranteeing the appreciation of the matters listed in the exemplary list of article 4 of Resolution No. 313 and the possibility of full digitization, while the electronic, judicial and administrative processes, in all the degrees of jurisdiction, except those pending before the Federal Supreme Court and the Electoral Court, will have their terms resumed, without any kind of escalation, in the state they were in at the time of the suspension, as of May 4, 2020, with restitution for a time equal to that needed for completion.
As for procedural acts, Resolution No. 314 maintained the prohibition of designation in person, stressing that those acts that cannot be performed electronically due to technical or practical impossibility pointed out by any of the subjects involved, also indicating a specific tool made available by the CNJ to carry out virtual acts by videoconference for all courts and tribunals, allowing the use of another that is equivalent.
The hearings of the first degree of jurisdiction should only be held when the participation of the interested parties is possible, considering the difficulties in summoning parties and witnesses, the liability of lawyers and prosecutors for providing such attendance to any location other than official government buildings is prohibited Judiciary.
The procedural file remains prohibited by Resolution No. 314, and the Courts are responsible for stipulating the rules of remote work of magistrates, servers and collaborators for the virtual realization of all procedural acts and transfer of physical records, when necessary for the performance of internal files. , and regular forensic hours must be observed, in addition to the suspension, by reasoned decision, of procedural acts that cannot be performed due to technical or practical impossibilities.
The virtual judgment sessions of the Courts and Appeals Groups of the Special Courts System may be held in cases that are processed in physical or electronic media, without restriction to the exemplary list of minimum matters for consideration in the Extraordinary Duty period, ensuring the lawyers of the parties, oral statements, which must be requested at least 24 hours in advance.
Finally, Resolution No. 314 determined that the past acts of the Courts must be adequate and submitted to the CNJ, within a maximum period of 5 days, revoking all provisions with wording contrary to the stipulated by the CNJ in the Resolution published on April 20, 2020.
By: Wilson Sales Belchior
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