The delay in citation in enforcement and monitoring actions has been a major problem in ensuring speed in the judicial process. And when citation takes too long, this impacts not only the speed, but also the usefulness of the action.

Although the Code of Civil Procedure (CPC/2015) does not explicitly mention citation via applications such as WhatsApp, some courts have accepted this practice, as long as the party is notified in a clear and confirmed manner. This means:

• Confirmation of receipt and reading of the message
• Unequivocal identification of the party
• Record that the complete content was sent with the legal information

The Superior Court of Justice (STJ) is now analyzing this issue in the system of repetitive appeals and has affected two special appeals that will decide whether citation via WhatsApp is valid. If the Court rules in favor of this practice, it will be considered a binding rule, that is, all judges and courts will have to follow this understanding.

This can be a great step forward in making processes faster and more efficient, especially in enforcement actions!

Luchesi Lawyers

With a history spanning over 30 years, we are a reference in providing specialized legal services to clients in the agro-industrial production chain and other sectors of the industry. Our activity has been recognized nationally and internationally and stands out for the innovative way in which we handle consultancy issues, contractual negotiations, as well as litigation and strategic operations in agribusiness.