published on April 10, 2024

By Carla Pusiol

It is not new that public institutions have been seeking more effective ways to communicate with the parties involved in judicial and administrative proceedings. In an increasingly technologically connected world, where private communications are almost exclusively conducted electronically, it makes no sense for public agencies to continue relying on letters sent by mail or visits from judicial officers for this purpose.

In this context, the National Council of Justice (Conselho Nacional de Justiça – CNJ) and the Ministry of Labor and Employment (Ministério do Trabalho e Emprego – MTE) have respectively developed two tools aimed at optimizing procedural communication: the Electronic Judicial Domicile and the Electronic Labor Domicile. In both cases, the aim is to make it possible for companies to receive communications (summonses, subpoenas, notices, etc.) addressed to previously registered email addresses, within the scope of legal proceedings (in all spheres) and administrative proceedings (in the labor sphere).

How does it work?

First, it should be noted that they are different systems. Therefore, it is necessary to provide two registrations on the respective platforms:

Electronic Judicial Domicile – (access via e-CNPJ, e-CPF, or "gov.br" account at silver or gold level). This system will receive notifications of legal proceedings from all spheres (State, Federal and Labor courts).

Electronic Labor Domicile – (access via "gov.br" account at silver or gold level). This system will receive notices of administrative proceedings arising from labor inspection actions.

Once the registrations are completed, any communications that were previously made in person (by mail or judicial officer, for example) will now, subject to exceptions, be made electronically, through the respective virtual addresses.

Which companies are required to register in the system?

All medium and large private companies are required to register on both platforms. However, there are distinct implementation schedules, which can be seen below:

What happens if registration is not completed?

In the case of Electronic Judicial Domicile, if a company fails to meet the deadline, it will be compulsorily registered by the CNJ itself, based on data provided by the Brazilian Federal Revenue Service – which may be out of date. From then on, if it remains inactive, in addition to the risk of facing charges in absentia and missing procedural deadlines, it may incur contempt of court to the dignity of justice, subject to a fine of up to five percent (5%) of the amount of the claim.

In the case of the Electronic Labor Domicile, inaction will also lead to compulsory registration and the possibility of missing deadlines for defense, submission of documents and other measures determined by labor inspection. These missed deadlines, in turn, may result in heavy fines, the reversal of which may require filing an action.

Conclusion

It is imperative for companies to adhere to the prescribed deadlines, facilitating swift registration in both systems. Moreover, they need to be attentive to the need to adjust their internal protocols, integrating access to these platforms as an indispensable measure to prevent setbacks in legal and administrative proceedings.

The PLBrasil Group is backed by a team of highly skilled professionals dedicated to providing comprehensive support for registration and monitoring on these platforms, along with any other activities required for the establishment and smooth operation of your company. It also offers its clients, through its Digital Platform, a HUB where all corporate documents and history are concentrated and permanently available, facilitating control and operation.