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As it underwent modifications in the Senate, the project now returns for further evaluation in the Chamber of Deputies.

From the Editor

 

Wednesday, June 5, 2024

 

Updated at 11:19

 

 

The Senate plenary approved this Tuesday, 4th, a bill that waives the need to prove local holidays for counting deadlines when filing appeals in the Judiciary (PL 4,563/21). The proposal, authored by former deputy Carlos was reported by senator Eduardo . As it underwent modifications in the Senate, the project now returns for further evaluation in the Chamber of Deputies.

 

During the processing at the CCJ - Constitution and Justice Commission, Girão accepted a suggestion from Senator Fabiano Contarato to reduce bureaucracy, allowing proof of the holiday to be presented at a later time. The amendment establishes that, if the appellant does not prove the local holiday when filing the appeal, the court may allow the correction of this formal error at a new opportunity or even ignore this omission if the information is already available in the electronic process.

 

In the original text, the project revoked a paragraph of CPC/15 that required the inclusion of proof of the local holiday in the appeal itself so that it could be considered in the counting of deadlines in the Judiciary.

 

Plenary of the Federal Senate during an ordinary deliberative session. (Image: Pedro 

Discussion at the STJ

 

The issue of proving holidays is a recurring topic at the STJ. In 2021, ministers of the Special Court of the STJ, by a majority of 7 to 5,  decided  that the decision they made in 2019, in which it was required, for the purposes of procedural deadlines, proof of the existence of a local holiday at the time of filing appeals , only valid for Carnival Monday.  

 

In another process, from May 2022, the 4th class  understood  that, to prove the absence of forensic proceedings on Corpus Christi Day - which must be done by the party at the time of filing the appeal - it is not enough to present the calendar available on the local court website.  In the case analyzed by the collegiate, a monocratic decision by the presidency of the STJ was contested, which considered an appeal against the ruling handed down by the local court to be untimely.

 

In April 2023, the Special Court of the STJ, unanimously,  recognized  the possibility of proving a holiday and the suspension of forensic work based solely on the calendar available on the local Court's website.

 

"There is no way to deny the officiality and reliability of the judicial calendar made available by the courts on the internet, for the purpose of proving the suspension of forensic proceedings, to influence the counting of procedural deadlines. Therefore, it is due that the party should add it to the case file, in a timely manner, in order to prove the timeliness of the appeal" , stated the rapporteur of the embargoes, minister Raul Araújo.

 

In another decision, from September 2023, the 3rd panel  concluded  that the local holidays provided for in the law on the judicial organization of the Federal District and the Territories (law 11,697/08) do not need to be proven when filing the appeal, as they are of Federal law that organizes the TJ/DF. In this case, the holidays in question deserve treatment equivalent to national holidays.

 

In November 2023, the 2nd class  understood  that November 20th, Black Consciousness Day, is not considered a national holiday, but rather a local holiday, which must be proven at the time of filing the appeal, not allowing subsequent verification. Thus, the ministers rejected the request of a man who missed the deadline for filing a special appeal because he did not demonstrate that the procedural deadlines in Alagoas were suspended on November 20, 2017.

 

link: https://www.migalhas.com.br/quentes/408675/senado-aprova-dispensa-de-comprovacao-de-feriado-local-para-recurso