STJ, THEME 1180

05/08/2023

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In the last 15 years, judicial litigation in Brazil has undergone a major technological transformation, with the adoption of electronic systems in the Courts. This change brought numerous advantages to legal operators. The pandemic further accelerated this (r)evolution, with the implementation of electronic process systems across the country, guaranteeing access to justice even during the period of restrictions. However, this new reality also presents challenges for lawyers, especially in relation to the different ways of notifying subpoenas.
Each Court, even within the same federative unit, has its own rules regarding the publication of judicial decisions, resulting in different ways of establishing the dies a quo of appeal deadlines. The jurisprudence on the subject has been divergent, with rulings that defend the prevalence of the subpoena made by the DJE and others that defend the subpoena via electronic portal. This plurality of understandings motivated the allocation of the topic, through the procedure of repetitive appeals, for judgment by the Special Court of the STJ (Theme 1180).
For now, prudence recommends that lawyers adopt the most conservative criteria, considering the initial period from the first subpoena received.
It is essential and urgent to establish clear guidelines, providing more legal certainty to legal operators.
We look forward to scenes from the next chapters!