Electronic citation without confirmation: TRT-2 upholds 5% fine on the value of the case.

Companies are required to maintain registration in the Electronic Judicial Domicile system, and failure to confirm service of process within the legal timeframe may constitute an act against the dignity of the Justice system.

The Electronic Judicial Domicile is the channel through which summonses and procedural communications requiring personal notification or summons arrive. Registration is mandatory for public and private companies (art. 246, §§ 1 and 2, of the CPC). Micro-enterprises and small businesses with an electronic address registered in Redesim have specific regulations. Notices by email, SMS or other means are for informational purposes only. The act is governed by legislation and regulations of the CNJ (National Council of Justice).

Electronic summons follows its own rules. The company must confirm receipt within 3 business days of sending the communication (CPC, art. 246, § 1º-A; CNJ Resolution No. 455/2022, art. 20, § 3º).

Without confirmation, the system registers the absence of service of process, and the act is then carried out by another means, such as mail, court officer, or publication. Failure to confirm without just cause is considered an act against the dignity of the Justice system, subject to a fine of up to 5% of the value of the case.

The fine is not automatic: at the first opportunity to appear in the proceedings, the defendant must present any just cause, and it is up to the judge to decide on the penalty (CPC, art. 246, §§ 1º-B and 1º-C).

Personal summonses operate differently. The summons is considered served on the day of the consultation, or on the first business day following if the consultation occurs on a non-business day. Without consultation, it is considered served automatically at the end of 10 consecutive days from the date of dispatch (Law No. 11.419/2006, art. 5, §§ 1 to 3; CNJ Resolution No. 455/2022, art. 20, § 4). The fine of up to 5% does not apply in this case.

The penalty has already been applied. The 11th Panel of the Regional Labor Court of the 2nd Region upheld a fine of 5% of the value of the case imposed on a company registered in the Domicile that did not confirm electronic service of process. For the panel, the allegation of technical difficulties, without just cause, does not preclude the penalty, especially given the adaptation period to the system (RORSum 1001300-15.2025.5.02.0004, Rel. Wilma Gomes da Silva Hernandes, decided on 10/29/2025).

The key point is essentially operational. Routine monitoring, formally designated responsible parties and substitutes, updated registration and access, and specific control over the confirmation deadline for summons reduce exposure to this type of legal dispute.

By Francine Moreira