Forensic recess is a crucial time in the Court of Justice of São Paulo (TJSP) calendar, during which routine judicial operations are halted, and only pressing issues are addressed.
In 2024/2025, the break takes place from December 20 to January 6, with particular regulations impacting deadlines, process distribution, and the functioning of the judicial system.
This article offers comprehensive information about the TJSP judicial system for lawyers, covering schedules, filing processes, and important tips to prevent delays.
Forensic break in Civil Procedure Code: Regulations, immediate actions, and time management
How does the forensic recess function in the TJSP 2024/2025?
The forensic recess, as outlined in Law No. 5.010/1966, suspends procedural deadlines and halts regular judicial activities from December 20 to January 6.
During this period:
- No hearings or trials take place.
- The procedural time limits are still on hold.
- Only urgent situations are considered within the planting system.
Judicial Plant during the 2024/2025 Forensic Break: First Instance of TJSP
The Judiciary Plant at the 1st Instance of the TJSP ensures that critical services continue to operate during the 2024/2025 Forensic Recess.
This plantation handles urgent and emergency cases to maintain the normal functioning of judicial activities.
Which topics are examined in the First Instance Judicial Plant at the TJSP?
The first plantation mentioned in Joint Communiqué 948/2024 is specifically designated for the materials outlined in Article 1.128 of the General Correction of Justice Service Standards.
The inquiries addressed during the initial planting of TJSP involve:
Art. 1128 states that the judicial department is dedicated solely to handling urgent matters and other necessary tasks related to essential services.
Habeas corpus involves police authority acting as the coatora.
Requests for the cremation of a body.
Requirements for performing body examinations in cases of authority abuse.
Applications for provisional release, release in civil and criminal cases, and urgent criminal execution.
Applications for requesting precautionary measures due to severe risks to the life or health of ill individuals.
Police authority is requested to conduct searches and seizures at a residence.
VII) Police authority’s representation for ordering preventive or temporary detention when the request cannot be considered promptly for judicial reasons; VIII) Situations involving the seizure and release of adolescents accused of committing an offense.
Emergency guardianships are established in cases concerning children and adolescents facing rights violations, such as the potential removal from family settings.
Communications were disrupted during an obvious criminal arrest.
Applications can be made to detain foreign ships in national waters to secure debts and then release the ships if necessary.
Protests were organized on the ship.
Which materials are not examined at the TJSP’s First Instance Judicial Plant?
The Judicial Plant of the 1st Instance of the TJSP will not accept materials that are beyond its jurisdiction, in accordance with the regulations specified in Article 1.128, Section 1, Section 2, and Section 3 of the Service Rules.
Paragraph 1 of the caveat in the specialized court registry will not consider incidents related to visitation rights as per a court decision.
The legal plantation does not have the purpose:
I – to repeat the previous request made by the original court or in a prior order, without prejudice to the provisions of Articles 14 and 17 of the Civil Procedure Code.
II – Duplicated.
No appeals or requests from the caput and their incissors will be considered under the specified sections of this article without prior screening by the judicial Registrar or responsible server, who may consult the presiding Judge if needed.
How will the temporary unavailability of the TJSP system be managed during the 2024/2025 Forensic recess at the 1st Instance courthouse?
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If the official computerized system of the TJSP is not working, as stated on the Court’s website, operations will continue using contingency measures. All correspondence and communications should be conducted solely through institutional emails, as outlined in item 23, following the guidelines of Joint Communication no. 670/2024 and Art. 1.130-G of the NSCGJ.
During the 2024/2025 forensic recess, if the system is down, the plantation will operate on a contingency basis as per TJSP Joint Community 948/2024.
All requests, communications, and agreements in this scenario must be conducted solely via official email addresses.
Technical assistance for lawyers will be available through the official website https://www.supportsystemstjsp.com.br, as stated in section 29 of Joint Communication 948/2024.
Call times will be as follows:
- Operating hours are from 8:00 AM to 11:59 PM.
- Holidays, holiday eves, and weekends: 09:00 AM to 06:00 PM
Legal document:
Technical assistance for attorneys will be available solely through the website https://www.suportesystemstjsp.com.br/. During breaks, support hours are as follows: weekdays from 08:00 to 23:59 and on holidays, holiday eves, and weekends from 09:00 to 18:00.
What is the schedule for the Judiciary Plant during the Forensic Recess at the First Instance of the TJRJ 2024/2025?
The Judiciary Plant of the 1st grade of the TJSP will operate from 9 am to 1 pm during the Forensic Recess 2024/2025.
In custody hearings, the detained individual must be brought forth and the arresting officer must be notified by 11:00.
The 11th hour deadline also pertains to:
- Adherence to arrest warrants for temporary, preventive, final, or civil detentions.
- Transporting convicted individuals who meet requirements associated with temporary release.
This guideline is outlined in sections 1 and 1.1 of Joint Communication No 948/2024.
Plantings at the initial stage are specifically for evaluating the items mentioned in Article 1.128 of the General Correction Service Standards and will occur between 9am and 1pm.
The individual in custody must be presented and their arrest warrant must be processed by 11 am, including cases of flagrant arrest or warrants from other types of prisons.
Custody hearings will take place for all prison situations, including cases of failure to follow temporary release conditions.
Custody hearings will take place for all types of prisoners, including those arrested under different circumstances and those who have failed to comply with temporary release conditions.
What will be the format of the 1st Instance Judicial Plant of the TJSP during the 2024/2025 Forensic Recess?
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The initial plant installations will be done first.
Capital District:
Target Plant and Childhood and Youth from a distance.
Confronting a criminal plant directly.
In the current format used in each Judicial District.
Judicial boundaries in the available document at the link tjsp.jus.br can be found regarding remote judicial assistance and emergency services.
More Judicial Districts: in-person.
The modalities will be arranged as specified in item 2 of the Joint Communication 948/2024.
- Plant Target: conducted from a distance;
- Childhood and youth are also nurtured from a distance.
- Criminal Plant: is scheduled to take place in person.
In rural areas, the structure will be based on the existing model used by each Judicial Circumscription.
Regions currently utilizing the remote plant will persist in operating in this manner.
The teams in charge of distributing, counting, and issuing certificates worked remotely during the TJSP 2024/2025 forensic recess.
How will the petition be executed at the 1st Instance Judicial Plant during the Forensic Recess 2024/2025 of the TJSP?
Legal document.
The first requests must be submitted in the “Plant Forum” of the relevant Judicial Circumscription, as outlined in Article 1.128 of the General Correction of Justice Service Standards.
Police Stations can automatically receive distributions through SAJ/RDO integration.
Returns of other communications related to imprisonment can be sent via email to the individual in charge of the inland plantation or the institutional email of the criminal squad in Capital ([email protected]), as outlined in item 5.2.
Imprisonment notifications resulting from warrant enforcement at police stations, including for conducting admonitory hearings under open regime, and communication of non-compliance by sentenced individuals to the Department of Penitentiary Administration.
You are required to include the Capture Occurrence Bulletin, a completed warrant (except for cases of non-compliance with duties related to temporary exit), and the crime scene examination request in PDF format when sending the email.
The individual in charge of the plantation should send the document via email to the Distributor’s team. They will enter the information into the computer system under the designated categories based on the specific case.
Initial requests should be submitted in the “Plant Forum” of the relevant Judiciary Circumscription as stated in item 5 of the Joint Communiqué 948/2024.
Urgent requests concerning ongoing processes outside the Plant must be submitted through:
- Initial online petitioning aimed at the “Emergency Forum”;
- Choosing the right class:
- 1727 – request for legal action
- “Petition for offense number 10979”
- “241 – civil request”
- Petition for childhood and civil youth – 11026.
- The utilization of the topic “50294 – intermediary request.”
- The petition should clearly state the number of cases involved and include all required documents for review.
Initial requests for imprisonment communications and failure to comply with temporary departure duties must adhere to the guidelines outlined in sections 5.1 and beyond of Joint Communiqué 948/2024.
For requests that are already being processed in the Plantão, the routing should be completed directly within the process through an intermediate electronic petition.
These guidelines can be found in sections 6 and 7 of the Joint Community 948/2024.
Urgent requests regarding planting procedures outside the Special Judiciary Plant must be submitted through the Initial Electronic Petitioning in the “Foro Plantão” of the relevant Judiciary Circumscription, using specified classes.
Requests for actions in the Special Judiciary Plant must be made using an intermediary electronic application within the procedure.
Injunction requests submitted outside the appropriate “Planet Forum” will not be accepted, as stated in item 8.
In cases where assistance is needed in departments outside the designated “Plant Form,” requests will not be acknowledged. If there is an erroneous referral by the Police Authority, the request should be sent via email to the individual in charge of the plantation. The email must be accompanied by a document signed by the Police Authority stating the incorrect submission.
Judicial Plant at the Forensic Recess 2024/2025: Second Instance of TJSP
The TJSP also has a Judiciary Plant in the forensic recess to address urgent cases in the 2nd Instance, like habeas corpus and precautionary measures.
The service guarantees the examination of important matters while regular activities are put on hold.
What topics are examined in the Second Instance Judicial Plant at the TJSP?
Certain issues are exclusively examined in the appellate court of the TJSP.
The plantation of the 2nd Instance has exclusive competence to examine the issues specified in Article 1 of Provence 579/1997, as stated in Article 2 of Resolution 495/2009 of the TJSP.
The materials evaluated for the plantation of the 2nd Instance of the TJSP include:
The Judiciary Plant is exclusively meant for:
a) Understanding the instances where police authorities must be present in cases involving habeas corpus arrests.
The judiciary should not repeat a request that has already been considered by the original court or in a previous decision, while still considering the provisions of Articles 14 and 17 of the Civil Procedure Code when necessary.
The authority of the correct judge overseeing the plantation will continue to be available even after its closure, lasting until the reactivation of the case on the next day.
Access to the Magistrate will be arranged by the Director of the Serventia or their replacement, who will have an official cellphone with a number shared with specific authorities.
Urgent steps and methods for calculating deadlines in Criminal Forensics.
Which materials are not examined at the Second Instance Judicial Plant of TJSP?
Resolution 495/2009 of the TJSP outlines the eligible materials for treatment in the 2nd-degree Judicial Plant while also identifying situations that are excluded from consideration.
Please see the information provided below:
Cases that are not within the jurisdiction of the plantation will not be processed, and there will be no subpoenas issued for other ongoing cases, including the publication of judgments or notifications to parties and lawyers.
No requests for retrieving money or releasing confiscated items will be considered under Article 2, § 2.
Requests that have already been reviewed will not be considered unless there is a significant new submission, as stated in Art. 2, § 5.
No new requests or petitions can be made regarding orders assigned to a particular judge unless there is new relevant information, as stated in Article 2, § 6.
These rules emphasize the objective of the planting, which is to address only pressing matters.
Urgent actions and deadlines in labor procedures in the field of forensic labor.
How will the TJSP processes be distributed during the Forensic Recess 2024/2025?
Process distribution during TJSP’s 2024/2025 forensic recess will typically continue until Thursday, December 19th.
Art. 1 of the Joint Decree 10.517/2024 establishes this decision.
The proceedings in the Egrégio Court of Justice will continue to accept regular distribution on December 19th, the last working day of the year 2024, between 12 and 24 hours.
How will requests for temporary injunctions or advance guardianship be handled?
Processes with requests for injunctions or guardianship filed in the e-SAJ system by 19/12 will be reviewed by the assigned judges on 20/12, possibly taking until days 21 and 22 for completion if needed.
The analysis will adhere to the sequence of entry specified in Article 2 of Joint Decree 10.517/2024. Review the comprehensive forecast.
Processes filed with requests for urgent relief on the e-SAJ portal will be prioritized by the designated Magistrates in accordance with the established order of submission.
How will requests that are made outside of the schedule or without proper identification be handled for the Judiciary Plant?
Applications filed during the TJSP Forensic Recess from 24/12/20 to 25/01/06 without reference to the specific subject (50295 – Judicial Plant – 2nd Degree) will be processed and directed to the Rapporteur starting on 01/07, following the order of submission.
Applications submitted outside the operating hours of the court, which are from 9 am to 12 pm, are subject to the same rule.
The planting magistrate has the authority to determine the requested injunction or temporary guardianship, as outlined in Article 4 of the Joint Decree 10.517/2024.
This prediction is outlined in Article 3 of the mentioned entrance.
Applications submitted from December 20, 2024, to January 6, 2025, without mentioning “50295 – Judicial Plant – 2nd Degree” or submitted outside the designated hours (9:00 to 12:00) will only be processed starting from January 7th.
How does the Judiciary Plant operate during the Forensic Recess 2024/2025 in the 2nd Instance of the TJSP?
The Judiciary Plant in the Forensic Recess 2024/2025 at the 2nd Instance of the TJSP will adhere to the directives outlined in the Joint Communication no 274/2024.
The procedure includes designated timeframes, instructions for managing, ways to address system issues, and contact methods.
Explore the information provided on the following subjects.
What is the schedule for the Judiciary Plant during the Forensic Recess of the 2nd Grade of the TJRJ 2024/2025?
Plant time will be as specified in Joint Notice no 274/2024.
The Digital Recess Plant is scheduled to occur from December 20, 2024, to January 6, 2025, between 9:00 and 13:00, with requests accepted from 9:00 to 12:00.
How will the petition be implemented in the 2nd Grade of the TJSP 2024/2025?
The process needs to be completed using the Second Degree Initial Electronic Petitioning System, specifying the “50295 – Judicial Plant – 2nd Degree” subject for the appropriate Section.
The request can be made between 9am and 12pm.
Petitions sent after the indicated timetable will only be processed starting from July 1, 2025, regardless of their correct subject identification.
The guidelines are specified in sections 1.1 and 1.2 of Joint Communiqué no 274/2024, which governs the operation of the digital plantation during recess at TJSP.
Please review the following:
Initial requests must be submitted between 9:00 am and 12:00 pm using the Initial Electronic Petition of 2nd Degree with the required subject 50295 – Judicial Plant – 2nd Degree. The requests should be filed for the relevant Section as per Art. 33 of the Internal Rules and Resolution No. 623/2013. These requests are to be registered and distributed to the designated magistrates, with the schedule to be published in the Electronic Justice Diary.
Petitions submitted after the specified time, even if using subject 50295 – Judicial Plant – 2nd Grade, will be processed in order of submission starting from July 1, 2025.
How will the absence of the TJSP system be addressed during the Forensic Recess 2024/2025 in the 2nd year plantation?
If the TJSP system is not available between 9 am and 12 pm for submitting petitions in the 2nd grade plant, you can email the request as a PDF to [email protected].
Including the screenshot or image that demonstrates the system’s unavailability in the message is crucial.
After the shipment, the request will be reviewed and determined by the available judge.
The documents related to the procedure should be emailed to the unit in charge once the system is back up and running.
Joint Communication No 274/2024 includes this provision.
If the system is not accessible from 9 to 12 hours, the order will be emailed to [email protected] in PDF format, along with a screenshot of the system’s unavailability message. Further communication and decision-making will proceed via email between the magistrate and the petitioner. Once the system is back online, documents related to each specific procedure should be sent to the appropriate unit’s email for processing: to Inputs for initial petitions and to the Cartories of the relevant Judicial Plants for intermediate petitions in the processes.
How can lawyers contact the 2nd Grade Plantation of TJSP during the Forensic Recess 2024/2025?
Lawyers can contact the 2nd grade plantation of TJSP via email during the Forensic Recess 2024/2025, as outlined in Joint Communiqué No 274/2024.
The institutional email [email protected] is required for communication with internal and external entities during the operation of the Digital Recession Plant in Second Instance. The individual in charge of the support team for the plantation must regularly check the institutional email between 9 AM and 1 PM.
Planning and arranging for a peaceful forensic break
Forensic recess at TJSP 2024/2025 necessitates careful attention and organization from legal professionals.
Understanding the regulations regarding time limits, timetables, and application processes is crucial to prevent delays and handle pressing matters effectively.
Lawyers can efficiently operate by adhering to the TJSP guidelines and utilizing the available communication channels, like the judiciary squad’s email.
Consult the normative acts and stay informed to guarantee a seamless transition between the recess and resumption of regular activities. Refer to the planting scale and normative acts released by TJSP for further details.
