Federal Justice of São Paulo starts sending subpoenas by WhatsAppsecond resolution, the measure is motivated by “need for modernization and adequacy of the public sector to the new reality of communication services”.
If you receive a summons from the Federal Court by WhatsApp, can not deal a blow: the Coordinator of Special Courts Federal 3rd Region (Sao Paulo) recently issued a resolution establishing the subpoenas by the application submission procedure. According to the Federal Court, “the measure complies with the principles of orality, simplicity, informality, of procedural economy and celerity, governing the Special Courts Federal”.
According to the resolution, the measure is motivated by “need for modernization and adequacy of the public sector to the new reality of communication services”, and it was made possible by increasingly wide access to the Internet through mobile devices. The resolution also points out that many people “live in areas without action Post Office”, which hinders the delivery of subpoenas.
Another reason for the change was to reduce costs. The dispatch of letters and receipt of notices relating to subpoenas sent by post “It has high cost”. That is why, sending subpoenas by WhatsApp would be an important measure “in the face of budget constraints”.
How will it work
Subpoenas will be sent from mobile numbers used by Special Courts Federal (JEFs), which will be released in the JEF own website. The message will bring the identification of the Federal Court, the case number and the names of the parties involved. At the time that the message is marked as “read” by WhatsApp, the summons shall be deemed held.
For this, It will be necessary for the plaintiff to sign the receipt of subpoenas term via WhatsApp at the time of the initial application protocol. If the message is not read within 48 hours after being received, the secretariat of JEF or Class Appeals arrange for sending the summons by other means.
If the person does not wish to receive subpoenas by the application, it will need to express themselves clearly on the record about it. The resolution also stipulates that if WhatsApp is down for any reason, the summons will be made by other means. The JEF and the Class Appeals, on the other hand, not accept the receipt of documents by WhatsApp, or provide any kind of information through the application.