Notification of Intimation of the parties about the ruling in the trial session itself (TJ/SP): Legitimate intention, but with harmful and worrying consequences
Bruno Landini Carvalho
Lawyer and Co-coordinator of the Dispute Prevention and Resolution team at /asbz.
The return to the work routine at TJ/SP has caused some heated debates in the legal community (mainly the civil litigation group) due to the decision of the 10th Chamber of Private Law, in case No. 1004314-54.2021.8.26.0642.
On 5/1/24, the judging panel denied two motions for clarification of judgment due to their untimeliness, under the elementary premise that the parties were notified of the trial session in which the appeal was heard. The rationale for the decision considered the following points:
- the trial was held remotely, due to formal opposition to the virtual hearing of the appeal;
- the parties were represented by their attorneys, who also presented their oral arguments;
- in the session, the vote was read by the rapporteur and the judgment summary was published in the digital records on the same day of the session;
- also on the same day of the session, the ruling against which motions were filed was made available in the digital records;
- art. 718 of the Judicial Rules of the Disciplinary Board of the Courts of São Paulo expressly provides that “Notification of the judgment, which will be signed only by the rapporteur, should be made through publication of the judgment summary in the Electronic Journal of Courts, or in the trial session itself, when the time allowed for filing an appeal starts counting.”
The full text may be found at: https://www.migalhas.com.br/depeso/400617/intimacao-das-partes-sobre-o-acordao-na-propria-sessao-de-julgamento