The Brazilian judiciary is set to enter its 2024-2025 recess, which will officially take place from December 20, 2024, to January 6, 2025. This period, known as the recesso forense, is characterized by the suspension of regular judicial activities and procedural deadlines across the nation, as mandated by Law No. 5.010/66.
During this time, the judiciary will shift to an emergency service model, known as regime de plantão, allowing only urgent matters to be processed. According to variable reports, "Nesse período, os órgãos do Poder Judiciário funcionarão em regime de plantão, atendendo apenas casos urgentes." This means courts will not be conducting their usual sessions or hearings, impacting various legal proceedings.
The operational hours for most courts during the recess will be adjusted significantly. Typically, they will be open from 1 PM to 6 PM, extending to shorter shifts of 8 AM to 11 AM during the period from December 24 to December 31, 2024. Notably, they will be closed on December 25 and January 1, reopening on January 7, 2025, when regular service resumes. "O atendimento ao público externo será retomado a partir de 7 de janeiro de 2025," ensuring minimal disruption where possible.
During the recess, the suspension of procedural deadlines will be governed by the Code of Civil Procedure under Law No. 13.105/15, effectively halting processes from December 20, 2024, through January 20, 2025. This includes prohibitions on the scheduling of hearings or judicial sessions. Courts like the Supreme Federal Court (STF) will extend this period until January 31, 2025, with special provisions for criminal cases as per the Criminal Procedure Code.
The seriousness of such interruptions often prompts various judicial entities to roster judges for urgent matters during the recess. Each court will implement its own operational directives, which may lead to potential variations. For example, the Court of Justice of Mato Grosso (TJMT) has outlined its team of five judges who will oversee different arenas of law during the recess. Specifically, Desembargadora Vandymara Galvão Ramos Paiva Zanolo will manage public and collective law issues, alongside judges Sebastião de Arruda Almeida and Marcos Regenold Fernandes controlling private law cases.
Every judge involved must remain ready to respond to any emergency requests, ensuring key legal protections under Brazilian law remain available even during recess. Regulations such as the National Justice Council's Resolution No. 244 seek to maintain access to legal remedy throughout this period, letting clients approach urgent situations efficiently. Communication channels, such as the specialized platform MPF Serviços, enable direct consultations for emergencies within the federal prosecution services as well.
Done adequately, the judicial recess can facilitate judicial efficiency by allowing cases to regroup, streamline, and prepare for the proceeding year without overwhelming the legal system. Legal practitioners and the public are strongly encouraged to stay informed about operational changes. Legal teams must anticipate these recesses, preparing casework beforehand and adhering closely to the procedural timelines and responsibilities of each judicial body.
Legal professionals should monitor requirements and update their schedules accordingly. Failure to do so could impact access to legal redress and create confusion over deadlines. Courts and legal services will highlight these elements through widely circulated announcements and direct communications.
The Principal Court and other judicial entities have made arrangements to help maintain their judicial responsibilities even as they temporarily adjust their services. Current communications indicate procedural operations can continue seamlessly through electronic means, particularly through established platforms for urgent requests, maintaining contact points even during recess.
Overall, the 2024-2025 judicial recess stands as both a necessary pause for the Brazilian judiciary and as an important reminder for all involved of the need to adapt and be prepared. Knowing the dates, operational changes, and urgency protocols will prove invaluable for everyone who navigates the complex waters of the legal system.
