Escrevente 2023 TJSP- Aula 43- Recursos

Summary

This video script provides an in-depth explanation of how deadlines for filing appeals are calculated in civil procedure, focusing on various notification methods, such as personal, postal, judicial officer, and public notice (Edital). It emphasizes the specific process for public entities (Fazenda Pública) that receive notifications via an electronic portal. Legal representatives are required to check the portal within a set period to start the appeal deadline. Failing to do so leads to a presumed citation (citação ficta), with deadlines starting after the consultation period ends. The script also compares real versus fictitious citations in the context of electronic notifications.

Takeaways

• 😀 The script discusses how to calculate deadlines for appeals in civil process procedures, focusing on different scenarios for notification or summons.
• 😀 If the defendant has not been notified yet, the way to calculate the appeal deadline differs depending on how the notification was made (e.g., via post, bailiff, or at the forum).
• 😀 When a person is notified via mail, the deadline starts from the moment the acknowledgment of receipt is added to the case file.
• 😀 If the notification is made by bailiff, the deadline begins once the completed mandate is added to the case file.
• 😀 If the notification occurs at the forum, the deadline starts from the day the person was informed by the clerk at the forum.
• 😀 For notifications by public notice, the deadline for filing an appeal begins the next business day after the public notice's display period ends.
• 😀 The script explains a situation where public entities, such as municipal, state, or federal governments, are notified electronically via a portal.
• 😀 Public entities (e.g., the Public Treasury) are responsible for regularly checking the portal to see if there is any notification for them to respond to.
• 😀 If a representative of the public entity consults the portal within the established period (e.g., 15 business days), the appeal deadline starts the next business day after the consultation.
• 😀 If the representative does not consult the portal within the set timeframe, the appeal deadline starts from the next business day after the expiration of the consultation period.
• 😀 The concept of 'fictitious citation' is introduced, where a public entity is considered notified even if the representative failed to consult the portal, starting the deadline for appeal as if the notice had been made by public notice.

Q & A

What is the main topic discussed in the transcript?

The main topic is the calculation of time limits for filing an appeal in civil procedure, particularly focusing on different methods of notification (e.g., official mail, court official, public notice, and electronic portal) and how they affect the deadlines.

How is the deadline for appealing calculated if the defendant has not yet been cited?

If the defendant has not been cited, the deadline for appealing is calculated differently depending on the method of citation. In cases of electronic notifications or public notices, specific rules are followed for when the appeal deadline begins.

What happens when the defendant is notified through official mail?

When the defendant is notified via official mail, the time to file an appeal starts from the moment the proof of receipt (Aviso de Recebimento) is entered into the case file.

How is the appeal deadline determined when the defendant is notified by a court official?

When the defendant is notified by a court official, the time to file an appeal begins from the moment the mandate is executed and entered into the case file.

What is the rule for calculating the appeal deadline when the defendant is notified by public notice (Edital)?

When the defendant is notified by public notice, the deadline for appealing begins on the first business day after the expiration of the notice period, as authorized by the judge.

How are time limits calculated for public entities (Fazenda Pública) that receive notifications electronically?

Public entities must check the electronic portal regularly to see if any notifications have been issued. If they consult the portal on time, the deadline for appealing begins the next business day. If they fail to consult the portal within the designated time, the deadline starts after the consultation period has expired.

What happens if a representative of the public entity fails to consult the portal on time?

If the representative fails to consult the portal within the designated period, the time for filing an appeal starts the business day after the consultation deadline ends, similar to the rules for public notice notifications.

What is the difference between a real citation and a presumed citation for public entities?

A real citation occurs when the representative of the public entity consults the electronic portal within the prescribed time frame. A presumed citation occurs when the representative fails to consult the portal within the required period, and the time for filing an appeal begins based on this failure.

What does the new Code of Civil Procedure say about presumed citations for the public treasury?

The new Code of Civil Procedure establishes that when a representative of the public treasury fails to consult the portal within the designated period, the citation is treated as presumed, and the time limit for filing an appeal begins after the consultation period ends, just as if it were a public notice citation.

How does the electronic notification system impact the appeal process for public entities?

The electronic notification system for public entities requires their representatives to check the portal regularly for notifications. If the portal is checked on time, the appeal period starts the next business day. If the portal is not checked within the allowed time, the appeal period starts after the consultation deadline has expired.