CNJ authorize use of WhatsApp to subpoenas

Second or CNJ, communication of procedural acts by WhatsApp began in 2015 and earned a Piracanjuba prominent judge in Innovare Award that year.
28/06/2017 13h18 - Updated 28/06/2017 13h18
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The National Council of Justice (CNJ) approved the use of the application for subpoenas. The decision was taken unanimously during the trial that challenged the decision of the internal affairs of Goiás Court of Justice (TJGO), which banned the use of the application in Civil and Criminal court of the District Piracanjuba (GO).

Second or CNJ, communication of procedural acts by WhatsApp began in 2015 and surrendered to the District Judge of Piracanjuba, Gabriel Consigliero Lessa, Featured in Innovare Award that year. The use of the messaging application as a way to streamline and reduce bureaucracy court proceedings was regulated in the region in conjunction with the Order of the municipality of Brazil Lawyers.

The use of the application is optional on the parties to voluntarily adhere to the terms of use. Second or CNJ, the standard also provides for the use of the tool only for the realization of subpoenas and requires confirmation of the message was received on the same day shipping; otherwise, the summons of the party must take place by the conventional approach.

the CNJ, the magistrate of the district of Piracanjuba justify technological feature was characterized as an ally of the Judiciary, reducing costs and avoiding delays in the judicial process. In its report, the Daldice Santana counselor, reporting process, He pointed out that the practice reinforces the role of Special Courts, guided by the criteria of orality, simplicity and informality.

The CNJ reported that, to prohibit the use of WhatsApp, the Goiás of Justice Magistrate-General had justified the reduction of court workforce; the lack of legal regulation to allow a controlled application by a foreign company, no case or Facebook, It is used as a means of judicial acts; and the absence of procedural penalties in cases where the summons is not met.

According to the rapporteur counselor, contrary to what was alleged by the court, the regulations for the use of the application in Piracanjuba details the dynamics for the achievement of subpoenas, establishing rules and also penalties for cases of noncompliance and "not gone beyond the regulatory limits, because only foresaw the use of a communication tool of procedural acts, among many other possible ".

Source: Agency Brazil


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