In a modernising move, the Brazilian Code of Civil Procedure has been amended so as to make service by email the default method of service of process. This has major practical consequences to parties involved in Brazilian litigation (especially considering that Brazil is a very litigious jurisdiction).
Under the new rule, service is to be effected within two days after the court issues the summons to be served on the relevant party.
The email address to be used for service is the one kept in the courts’ database (the parties are now obligated to keep their contact information up-to-date).
The period for replying to the summons will commence to run on the fifth business day following confirmation of receipt.
If the recipient does not confirm receipt within three business days from the date of delivery of the email, service will be effected the “old” way: by post, the court marshal, the registry officer or registrar, or by publication in the official gazette.
Also, where the party served does not confirm receipt within three business days, that party will need to “present just cause for the absence of confirmation of receipt”. Non-confirmation by the party within that period is regarded as contempt of court and subject to a penalty of up to 5% of the amount in dispute, at the discretion of the court.
Last modified: September 7, 2021