Prazos Processuais (Processo Civil) - Resumo Completo

Summary

The transcript outlines key updates to Brazil's Civil Procedure Code (CPC) of 2015, focusing on the simplification of procedural deadlines and the impact of electronic processes. Key changes include deadlines being counted in business days, with adjustments for electronic filings based on the court's time zone. Judges can extend deadlines to ensure effective legal protection, while public entities and legal assistance groups benefit from extended deadlines. The reform also clarifies the handling of deadlines for multiple parties, the suspension of deadlines during conciliation periods, and the consequences of non-compliance, including preclusion with potential just cause for delay.

Takeaways

• 😀 The 2015 CPC (Civil Procedure Code) simplified the process for calculating deadlines in civil procedures, addressing issues with electronic processes.
• 😀 The new rule allows parties to perform acts in the electronic process until 23:59 local time in the court where the act is being performed, as per Article 213, §1 of the CPC.
• 😀 The CPC 2015 mandates that deadlines in days are counted only in business days, excluding weekends and holidays, as outlined in Article 209.
• 😀 This new counting method applies to both legal and judicially established deadlines, but it doesn't apply to deadlines in hours (e.g., 48 hours for responding to a document).
• 😀 Judges now have the authority to extend deadlines if it ensures greater effectiveness in delivering justice, as per Article 139, §6.
• 😀 The 2015 CPC simplified deadlines for public entities, now offering double deadlines for any filing, in contrast to the previous quadruple deadlines for some actions.
• 😀 Public defenders and similar legal entities now benefit from double deadlines for filing documents, extending this privilege to legal assistance entities under CPC 2015.
• 😀 CPC 2015 also combats defensive jurisprudence that obstructed appeals, making premature filings unacceptable and recognizing them as timely if filed before the deadline begins (Article 218, §4).
• 😀 The new CPC introduces changes to deadlines for multiple plaintiffs with different lawyers. The double deadline benefit now only applies when lawyers are from different offices and in physical processes, not electronic ones.
• 😀 Special rules exist for the suspension of deadlines between December 20th and January 20th, in alignment with conciliation programs initiated by the judiciary, such as Conciliation Week.
• 😀 If a party misses a peremptory deadline, it leads to preclusion (the act is considered untimely). However, the party may still claim justifiable cause to request a new deadline (Article 223).

Q & A

What was the primary objective of the changes introduced by the 2015 Brazilian Civil Procedure Code (CPC)?

The primary objective was to simplify the system of procedural deadlines, addressing issues like the complexity of time counting and the handling of deadlines in electronic processes.

How does the 2015 CPC address deadlines in electronic processes?

The 2015 CPC allows parties to perform procedural acts until 11:59 PM based on the court's local time, considering the time zone of the specific tribunal handling the case (Article 213, §1).

What change did the 2015 CPC make regarding the counting of deadlines?

Under the 2015 CPC, deadlines are now counted in business days only, excluding weekends and public holidays, as specified in Article 209.

What is the significance of business days in counting deadlines under the 2015 CPC?

The significance is that only business days (excluding Saturdays, Sundays, and holidays) are counted, which helps streamline the process and avoid delays caused by non-business days.

Can the judge alter procedural deadlines under the 2015 CPC?

Yes, the judge can extend or shorten procedural deadlines to ensure the effective protection of rights, as per Article 139, VI of the CPC.

How were deadlines for public entities altered under the 2015 CPC?

Deadlines for public entities to respond were simplified, with the entity now having deadlines extended by half, instead of the previous quintupling or doubling of deadlines.

What is 'preclusão temporal' in the context of the 2015 CPC?

'Preclusão temporal' refers to the rule where failure to meet a deadline results in the act being considered untimely, effectively barring the party from acting after the deadline has passed.

What is 'just cause' for missing a deadline under the 2015 CPC?

Just cause is a legitimate reason, such as force majeure or other exceptional circumstances, that prevents a party from fulfilling a procedural act. In such cases, the judge may grant a new deadline (Article 223).

What are the different types of deadlines mentioned in the 2015 CPC?

The 2015 CPC distinguishes between legal deadlines (imposed by law), judicial deadlines (set by the judge), and contractual deadlines (agreed upon by the parties). Additionally, deadlines can be fixed (with preclusion consequences) or non-fixed (for judicial or clerical actions).

How does the 2015 CPC handle deadlines between December 20 and January 20?

During this period, procedural deadlines are suspended as part of the Judiciary's efforts to promote conciliation programs, such as the 'conciliation week' or 'conciliation month'.