AGU Explica - Prazos Processuais no novo CPC

Summary

The video discusses key changes in Brazil's Civil Procedure Code (CPC), effective from March 2016. The most notable change is that deadlines are now counted in business days rather than calendar days. Judicial vacations are standardized from December 20 to January 20, during which process deadlines are suspended. Additionally, deadlines for actions following electronic publication of decisions begin the next business day. In cases with distinct legal representation, deadlines are doubled. These changes aim to streamline the process and ensure more consistent legal proceedings across courts.

Takeaways

• 😀 The new Brazilian Civil Procedure Code came into effect in March 2016.
• 😀 Procedural deadlines are now counted in business days, not calendar days, under the new Code.
• 😀 Judicial holidays have been standardized to run from December 20 to January 20 across all courts.
• 😀 During the judicial holidays (December 20 to January 20), all procedural deadlines are suspended.
• 😀 Deadlines that fall during the judicial holidays will resume after January 20.
• 😀 A decision published in the electronic judicial journal is considered published the next business day.
• 😀 The deadline for action based on a publication in the electronic journal starts counting from the next business day after its availability.
• 😀 Litigants with distinct attorneys and defenses still benefit from a doubled deadline.
• 😀 If the case is electronic, the doubled deadline rule applies just as in traditional cases.
• 😀 The new rules aim to improve the efficiency and uniformity of the judicial process in Brazil.
• 😀 Overall, the changes seek to clarify how deadlines should be managed and applied in various procedural contexts.

Q & A

What is the main change in how procedural deadlines are counted under the new Brazilian Civil Procedure Code?

The main change is that deadlines are now counted using only business days, unlike the previous system where deadlines were counted using calendar days, including weekends and holidays.

How does the new code address the issue of vacation periods for courts?

The new code has standardized the vacation period for all courts, which is from December 20 to January 20. During this period, all procedural deadlines are suspended, resuming on January 20.

When does the deadline for a decision published in the Electronic Justice Journal begin to run?

The deadline for a decision published in the Electronic Justice Journal starts on the first business day after the decision is made available.

Do the changes in the new code apply to co-defendants' deadlines?

Yes, the new code maintains the provision that co-defendants have double deadlines if their defenses are distinct and they are represented by different lawyers. This applies specifically to electronic processes.

What was the old method of calculating procedural deadlines before the 2016 code update?

Before the 2016 update, deadlines were calculated using calendar days, which included weekends and holidays.

Why was the change to counting only business days significant?

This change was significant because it clarified how deadlines were managed, reducing uncertainty and making it easier for lawyers and parties to plan their legal actions.

What happens to deadlines during the standardized vacation period of December 20 to January 20?

During this period, all deadlines are suspended, which means that any deadlines that would have fallen within this time frame are paused and resume on January 20.

What is the impact of the new rule on the publication of decisions in the Electronic Justice Journal?

The new rule ensures that a decision is only considered published on the first business day after it is made available in the Electronic Justice Journal. This helps create a predictable start for the deadlines.

How did the old code handle the publication of decisions in terms of deadlines?

Under the old code, there was ambiguity regarding when the deadline for responding to a decision began, which could create confusion for the parties involved.

Is the change to double deadlines for co-defendants applicable to all types of cases?

The double deadlines for co-defendants apply specifically to electronic processes under the new code.