If you receive a subpoena from Federal Court [BR] For WhatsApp, it may not be a coup: the Coordination of Federal Courts Special 3rd Region (Sao Paulo) recently published a resolution establishing subpoenas for the application procedure. According to the Federal Court, «The provision complies with the principles of orality, simplicity, informality, speed and procedural economy, governing in the special federal courts«.
According to the resolution, the provision is motivated by the «need for modernization and adaptation of the public sector to the new reality of communication services“, And it has been possible thanks to an ever wider access to the Internet via mobile devices. The resolution also notes that many people «they live in areas without post offices«Which makes the delivery of citations. Another reason for the change would be cost savings. Sending letters and receiving notifications regarding subpoenas sent by post» comes at a high cost. «Therefore, the sending citations via WhatsApp would be an important measure «given budget constraints».
How will it work?
Citations will be sent from mobile phone numbers used by Federal Special Courts (JEF), which will be announced on the JEF website itself. The message will contain the federal court ID, case number, and the names of the parties involved. As soon as the message is marked as «read» by WhatsApp, the call will be considered completed.
This will require the plaintiff to sign the end of the summons warrant via WhatsApp at the time of the initial request protocol. If the message is not read within 48 hours of receipt, the JEF secretariat or the appeal class will send the notice by other means.
If the person does not wish to receive citations for the application, they must clearly state this in the minutes. The resolution further states that if WhatsApp is disabled for any reason, the convocation will be done by other means. The JEF and class exams, on the other hand, will not accept the receipt of documents by WhatsApp, nor will they provide any type of information through the application.