The most discussed change to the new CPC regarding procedural deadlines was the counting of time. Previously, deadlines were counted in calendar days, i.e. even if professionals in this case had to consider weekends and public holidays as useful working time. Decadence is the ruin of potestative law because of its non-exercise in a predetermined period of time, more precisely in the period of decadence. The change in the format of the term census has also brought down some of the sad defensive jurisprudence. In Portuguese civil procedure, the general rule is that, in the absence of a special provision, the parties may request an act or diligence, invoke nullity, derive incidents or exercise any other procedural power is 10 days; And it also takes 10 days for the party to respond to what is inferred from the opposing party (Article 149 of the Code of Civil Procedure). “Law No. Directive 9.784/1999, in particular as regards the time limit for the revision of administrative acts within the federal public administration, may be applied in the alternative to the Länder and municipalities if there is no specific local rule. (First section, judged on 12.06.2019, DJe 17.06.2019). 224 Unless otherwise stated, deadlines are counted excluding the start date and including the due date. In case of just obstruction: the law allows the extension of the time limit (Article 140 of the Code of Civil Procedure); “6 º The judgment of bankruptcy or the authorization to proceed with judicial recovery suspends the expiry of the limitation period and all acts and executions against the debtor, including those of the private creditors of the partner.” A second very important amendment concerns the way in which time is limited.
The limitation period expresses how the right expires in order to avoid the data subject for a certain period of time. The limitation period presupposes the existence of a prior right, and the law requires the person concerned to facilitate its exercise on pain of inertia, characterized by negligence which, because of the result of the fixed periods, makes this right disappear. The prescription institute is broader than you think at first glance. Would you like to know how to effectively monitor your office`s procedural deadlines? Now see how you can design effective management of judicial terminology! In one of our many strategic and operational meetings, still in the first year of our existence, we discussed and discussed the hiring of Astrea to support us in the task not only of controlling the procedural deadlines, but also the management of the office (calendar, financial and management control). One of the facts that can most disrupt people`s lives is undoubtedly a trial. Finding a competent professional among the thousands placed by law schools across the country is a daunting task. They are the ones who define how deadlines should be ranked when there is disagreement about their differentiation. In the validity of the Civil Code of 2002, five years is the prescribed period for the general co-ownership or the immovable (vertical or horizontal) to exercise the right to collect the ordinary or extraordinary co-ownership fee contained in a public or private deed from the day after the expiry of the payment. REsp 1.483.930-DF, Min. Rel.
Luis Felipe Salomão, unanimously, judged on 23.11.2016, DJe 02.01.2017. (Theme 949) The latter are those that will not be expanded or reduced. In the previous CPC, this availability was also vetoed, even if the parties so wished. In the new legal system, however, it is possible for the judge to shorten these mandatory time limits if the parties are willing to do so. As mentioned above, the essential time limits are not expressly laid down in the Code of Civil Procedure. As regards the consequences of the procedure, the time limits may be considered autonomous or unreasonable. In that sense, the procedural time-limit is the consequence of the existence of the case, since its function is to set a reasonable period within which the acts which are the subject of the procedural dynamic. For this reason, it is highly recommended to take a routine of control and organization of tasks and procedural deadlines, indicating the appointment of a person to perform such a task.
Legal are the time limits set by law, which in principle cannot be changed by the parties and the judge. He cannot even meet the deadlines set by law, but cannot change them, except in cases provided for by the law itself. The legal time limit for pronouncing a judgment is 30 days. The judge may not even comply with it because of the extraordinary volume of services in judicial bodies, but he cannot, for example, dilute it to one year. You can`t stick to it or extrapolate it with respect to the so-called unreasonable delay (for the judge), but you can`t change it. For the parties, as we shall see, the deadlines are always theirs, so they are either respected or the deadline is not respected. In accordance with Article 218, the time limit set by law applies. This does not mean that the parties have configured the hypothesis of the arts. In paragraphs 190 and 191, they cannot – in certain cases at the intervention of the judge – set other time limits in the Convention (procedural legal acts). In the event of omission of the law and the parties (lack of timetable), the judge may decide (Art. 218, § 1).
Procedural time limits are governed by Articles 138 to 143 of the Code of Civil Procedure. There are procedural deadlines of different types and with different effects. Some, if not respected, cause much greater damage than others. However, all of them are important and constitute the technical tool that the lawyer must master in the practice of his profession. Convention: is one of the novelties of the new CPC resulting from a dispute, where the parties can mutually modify the duration of all deadlines (including legal). The procedural time limit differs from the relevant time limit because it is directly linked to the pre-existence of a case. § 3 – In case of legal provision or time limit set by the judge, the time limit for the exercise of a procedural act by the party is 5 (five) days. For example, it is very common for the magistrate to set time limits in hours (for example, 48 hours for demonstrations).
Procedural time limits can be divided into three groups: origin-related, whether they can be extended, and procedural consequences. Understand them better below! Therefore, its existence has a clear purpose: procedural deadlines are an instrument to guarantee the principle of reasonable duration of the process and speed of its processing (CPC, Art. 4 and CF, Art. 5, new inc. LXXVIII, added by Constitutional Amendment No. 45 of 08.12.2004) Let`s move on to the examples. The judge sends the initial and summons the defendant. He has the power (not an obligation or obligation) to challenge. If you do not object, the burden of the defect will be charged. The judge pronounced the sentence and ordered the parties to appear. You can appeal (to a college).
If there is no legal recourse, there is a final shipment (debit).