What is the Judiciary’s recess period?
What is the Judiciary’s recess period?
The suspension of procedural deadlines is determined by article 220 of the Civil Procedure Code (CPC) and runs from December 20th to January 20th . During this period, hearings and trial sessions are also not held. Thus, we have: From December 20th to January 6th: forensic recess.
What actions are being processed during the forensic recess?
Forensic Recess
- Criminal procedural deadlines.
- Food Stocks .
- Prescription and limitation periods.
- Actions provided for in the Lease Law.
What are the deadlines like during the forensic recess?
1st, it is said that they are suspended during the Forensic Recess : forensic proceedings . procedural deadlines , except in cases provided for by law . holding hearings and trial sessions.
How long is the forensic vacation?
During the period from December 20th to January 6th, in accordance with art. 214 of the New CPC, it is not possible to carry out procedural acts, except: Summons, subpoenas and seizures may be carried out during the forensic vacation period , where available (art. 212, § 2)
Is it possible to petition during recess?
Even though it is possible to petition during recess , the statute of limitations is suspended. Even though the electronic system allows petitions to be filed during the recess period , deadlines are suspended until the first business day following the recess .
What is the INSS recess period?
In summary: The recess period will be from December 21st to 24th, 2020, and from December 28th to 31st, 2020.
When does the 2021 forensic recess end?
January 6, 2021
What are the procedural acts that can be carried out during forensic holidays?
§ 2 Regardless of judicial authorization, summonses , subpoenas and seizures may be carried out during the forensic vacation period , where available , and on holidays or working days outside the hours established in this article, subject to the provisions of art. 5th, item XI, of the Federal Constitution.
Who are the people who carry out procedural acts?
Procedural acts can be carried out by the parties to the process, the judge and judicial assistants. … However, there are other acts that the judge performs during the process, namely, interrogating the parties, carrying out judicial inspection and taking testimony from witnesses.
When can procedural acts occur in the labor process?
Procedural acts will be public unless otherwise determined by the social interest, and will take place on working days from 6 (six) to 8 (twenty) hours. Single paragraph. The seizure may take place on a Sunday or public holiday, with the express authorization of the judge or president.”
What are the possibilities for carrying out procedural acts outside the courthouse?
In exceptional cases, with the judge’s authorization, the summons and attachment may be made outside this period, but as long as they do not violate art. 5th, XI, of the Federal Constitution (entering the house without the resident’s authorization).
What is the time period for carrying out procedural acts according to the CPC?
Procedural acts will be carried out on working days, from 6 (six) to 20 (twenty) hours. §1º The acts started before will be completed after 20 (twenty) hours , when the postponement jeopardizes the diligence or causes serious damage.
What are the procedural acts carried out by the jurisdictional body?
Acts of the Jurisdictional Body The judge’s acts are divided into: – Pronouncements (also called provisions) and; – Material acts – which can be instructional and documentation acts .
What is the order of procedural acts?
370), procedural acts can be classified as follows: a) acts of the judicial bodies (judge and assistants) and acts of the parties; b) simple and complex acts . On the other hand, in the classification of Silva and Gomes (2006, p.
Regarding the classification of procedural acts?
There is no doctrinal consensus regarding the classification of procedural acts . While many prefer objective criteria (taking into account the object of that act, that is, why it was carried out), others are guided by the subjective view, based on the subject who carried out the procedural act.
What is the form of the procedural act?
The form of procedural acts concerns the external appearance in which the acts present themselves. As a rule, the principle of freedom of forms prevails , with emphasis on the purpose of the act .
What is the communication of procedural acts?
The communication of acts , in the process, takes place through summons (art. 238, CPC/2015) and subpoena (art. 269, CPC/2015), acts that will be fulfilled by the means indicated below. Summons is the act by which the defendant, the executed or the interested party is summoned to court to form part of the procedural relationship (art.
What is the purpose of communicating procedural acts?
The national cooperation of judges within the process occurs through letter communications , which encompass any and all types of dialogue they deem necessary for the progress of the process and resolution of the merits, be it simply the communication of procedural acts or the collection of information.
What are the acts of communication in criminal proceedings?
Introduction. Citation, subpoena and notification are acts of communication in criminal proceedings 2. … That is to say, we only have in mind the acts of communication occurring within the process , in other words, the process having already been perfectly constituted .
What are procedural nullities?
Nullity is an error in procedural acts . … Nullity is classified as absolute, which is when its effects are most serious, compromising the fair progress of the process; relative nullity is one in which the procedure, despite being damaged in its formation, is capable of producing procedural effects .
What are the types of defects in the procedural act?
Considering the severity of the defect and the nature of the procedural act , the majority doctrine divides the defects of the legal act into four categories: mere irregularities, relative nullities, absolute nullities and non-existence.
What are the absolute nullities in civil proceedings?
Absolute nullity can reside both in acts that can be repeated or replaced, such as in the case of a service defect, which can be replaced by a new summons, or in acts whose repetition or supply cannot occur, such as in cases of illegitimacy active, for example.
What does nullity in the process mean?
It is the ineffectiveness of the act or procedural relationship, caused by non-observance of the law. It can be absolute, when the serious violation of the law makes the defect irremediable, or relative, when it makes the act only voidable, allowing the defect to be remedied by the parties.
How to request annulment of the process?
To withdraw from the action, the party or procedural representative must file a petition with the court or court where the case is being processed .
What is nullity in criminal proceedings?
Relative nullity depends on: the injured party files the action and one of the parties will suffer losses, affecting only the decision-making acts. The principles seek to guide eventual proceedings , supporting the judge and the parties in the use of arguments regarding the assertive nullities of the Penal Code and the Constitution.
When can a process be annulled?
The invalidity of the procedural act occurs when the procedurally defective act is carried out, and it cannot be used to continue and practice the process . … The declaration of the invalidity of the procedural act can be carried out ex officio, or at the provocation of the parties and will always have the character of a sanction.
How to annul a final judgment?
These are hypotheses that aim to repair the injustice inherent in the final decision . The CPC has always established the possibility of overturning the final and unappealable sentence through rescission action, within two years, in order to protect the right and prevent harm from being caused to those who are right.
