The federal judiciary council announces new measures for the activity of the federal courts during the days of may 6th to 31st, 2020.
Through General Agreements 8/2020 and 9/2020, the Plenary of the Federal Judiciary Council announced the measures to be observed during May 2020, adopted for restoring the activities of the courts of the Federal Judicial Power in the context of the current situation of the health contingency generated by the COVID-19 virus. These measures are the following:
- Processing and resolution of urgent cases.
New matters that are considered urgent may be promoted physically or through the “online trial”, using the electronic signature, which is the Certified Electronic Signature of the Federal Judicial Power (“FIREL”) or the “e.firma” (called before as “FIRMA ELECTRÓNICA AVANZADA” or “FIEL”).
Jurisdictional bodies must follow up with the matters they classified as urgent after its filing.
In case that an urgent matter is physically promoted, the judicial staff will encourage the parties to continue the process through the “online trial”, as far as possible.
- Resolution of cases physically processed.
The resolution of the matters that have been processed in person will be resumed only when the emission of the final judgment or resolution is pending.
- Processing and resolution of cases presented through “online trial”.
The process and resolution of the matters that were presented through the “online trial” before the beginning of the health contingency will be reestablished, except those that require the physical presence of the parties for the holding of hearings, relief of proceedings, or the practice of personal notifications.
- Suspension of deadlines and terms.
There will not be procedural deadlines and terms, no hearings or proceedings will be held, in the case of (i) requests, demands, appeals, trials, and procedures in general, other than the cases mentioned above, and (ii) the appeals against the judgments and resolutions issued in physically.
- Urgent Cases.
General Agreement 8/2020 contains a non-limiting list of matters that must be classified as urgent, in particular the exercise of criminal action with a detainee, requests for a search warrant and the intervention of private communications, the qualification of arrests, links to process, extradition determinations, proceeding for the determination and execution of pre-liberal benefits and those relating from the Amnesty Law, protection against determinations on alimony, protection against determinations on precautionary measures in cases of domestic violence, protection related to acts that affect the superior interests of minors, precautionary measures in bankruptcy proceedings, and declarations of the non-existence of a strike.
In general, judges must classify a matter as urgent, considering the following: (i) the human rights object of the procedure, the significance of its eventual violation, and the consequences that may arise from postponing its procedure until the conclusion of the contingency, and (ii) the possible impacts on access to economic and social rights of groups and populations in a particularly vulnerable situation, such as rights related to their health.
- Ordinary sessions of the Collegiate Circuit Courts.
The session lists will be published timely on the website of the Federal Judicial Council.
The sessions will be carried out without the presence of the public, remotely, by videoconference, and will be stored and protected for subsequent consultation.
The meaning and observations of each Magistrate shall be stated in a report, as well as the characteristics of the session.
The parties may consult the register of the session once the resolution has been notified.
- Attention to cases in criminal matters additional to urgent ones.
In matters not classified as urgent, the jurisdictional bodies must: (i) process the decisions that do not require hearings, (ii) process the decisions that require hearings that imply danger to the life or integrity of people, seeking their release through videoconference, (iii) process the matters whose processing is integrated for its resolution, and (iv) practice the procedural actions that may be decided in writing and that allow the resolution of execution files.
Examples of these cases are requests for provisional release under bond and protection in which the seizure of the real estate that constitutes the home of the complainant.