CITAÇÕES E INTIMAÇÕES NO JUIZADO ESPECIAL: A FAZENDA PÚBLICA E A DINÂMICA DOS PRAZOS

This article explores the dynamics of summons and subpoenas in the Small Claims Courts, focusing on the Public Treasury and the regulation of procedural deadlines. Initially, the concept of summons and subpoenas and their relevance to ensure the regularity of the process and the principles of adversarial proceedings and full defense are addressed. Next, the participation of the Public Treasury in Small Claims Courts is analyzed, highlighting the specificities brought by Law No. 12,153/2009, and how the legislation establishes equitable treatment for procedural deadlines. The article investigates the case law of the Superior Courts, which confirms the equivalence of the deadlines of the Public Treasury to those of other litigants in Small Claims Courts, in line with the principle of speed. The implementation of electronic tools for citations and summonses is discussed, highlighting both the benefits in terms of procedural efficiency and the challenges faced by the Public Administration in adapting to new technologies. In conclusion, the article argues that procedural modernization and flexibility are crucial to balancing the speed of Small Claims Courts with the rights of the Public Treasury, promoting faster and more effective justice.

Authors

Publication Details

Journal
Revista fisio&terapia.
Published
2024-09-16
DOI
https://doi.org/10.69849/revistaft/ch10202409160957
Primary Topic
Brazilian Legal Issues
Type
article
Field-Weighted Citation Impact
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article

CITAÇÕES E INTIMAÇÕES NO JUIZADO ESPECIAL: A FAZENDA PÚBLICA E A DINÂMICA DOS PRAZOS

Inácio Jário Queiroz de Albuquerque
Revista fisio&terapia.
Brazilian Legal Issues
article

CITAÇÕES E INTIMAÇÕES NO JUIZADO ESPECIAL: A FAZENDA PÚBLICA E A DINÂMICA DOS PRAZOS

Inácio Jário Queiroz de Albuquerque
article en

Abstract

This article explores the dynamics of summons and subpoenas in the Small Claims Courts, focusing on the Public Treasury and the regulation of procedural deadlines. Initially, the concept of summons and subpoenas and their relevance to ensure the regularity of the process and the principles of adversarial proceedings and full defense are addressed. Next, the participation of the Public Treasury in Small Claims Courts is analyzed, highlighting the specificities brought by Law No. 12,153/2009, and how the legislation establishes equitable treatment for procedural deadlines. The article investigates the case law of the Superior Courts, which confirms the equivalence of the deadlines of the Public Treasury to those of other litigants in Small Claims Courts, in line with the principle of speed. The implementation of electronic tools for citations and summonses is discussed, highlighting both the benefits in terms of procedural efficiency and the challenges faced by the Public Administration in adapting to new technologies. In conclusion, the article argues that procedural modernization and flexibility are crucial to balancing the speed of Small Claims Courts with the rights of the Public Treasury, promoting faster and more effective justice.

Revista fisio&terapia.
Peace, Justice and strong institutions
Openalex Percentile: Top 70%
Brazilian Legal Issues
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CITAÇÕES E INTIMAÇÕES NO JUIZADO ESPECIAL: A FAZENDA PÚBLICA E A DINÂMICA DOS PRAZOS — Inácio Jário Queiroz de Albuquerque · Revista fisio&terapia. (2024) | TGRS Research Map | TGRS