CNJ Issues Decree 314/2020 and Order the Resumption of Judicial Terms

To assure that the parties would not be affected in judicial proceedings during the COVID-19 pandemic, the National Counsel of Justice (“CNJ”), issued the Decree 313/2020.

The Decree 313/2020 established the, so called, Extraordinary Duty Regime, to provide to judges, and court clerks, the authorization to work on a home office system, also assuring the maintenance of essential services on each Court, to guaranty that they will remain functioning.

The Decree 313/2020 also ordered the suspension of all judicial terms, until April, 30, 2020.

The Decree 314/2020, published on April, 20, 2020, was issued by CNJ aiming not only to extend the orders established by Decree 313/2020, until May, 15, 2020, but also to partially modify some of them.

The modifications brought by CNJ on the Decree 314/2020 are the following:

  1. The resumption of all procedure terms, on judicial and administrative electronic proceedings, as of May, 04, 2020, remaining prohibited any presential activities at the Court;
  2. The resumption of the procedure’s terms will not be applied to appeals and proceedings filed at the Supreme Court of Justice, before Electoral Justice and to proceedings that are not electronical.
  3. The trial sessions of appeals are authorized to be scheduled by virtual mechanisms, with no restriction to certain matters;
  4. If the trial sessions are held by video conference, the attorneys are authorized to present arguments, which will have to be required, and scheduled, within 24 hours’ notice;
  5. Any presential activity remains prohibited, so judges and court clerks are obliged to provide solutions to assure that all procedure measures are taken by virtual mechanisms;
  6. The Courts are authorized to perform all activities by video conference, including hearings and meetings between judges and attorneys;

The CNJ Decree 314/2020 come into effect as of May, 01, 2020, and until then remain valid all orders previous established by the Decree 313/2020.

Santo Neto is always aware of all relevant legislative modifications during the period of pandemic caused by the COVID-19, and it is at your entire disposal to provide further information or any clarification deem necessary.

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