Difficulty finding the defendant does not justify citation through social networks

at the end of August, the Superior Court of Justice understood that the communication of procedural acts by social networks not It has a legal basis. In the decision, it remained stated that, even if the acts of communication performed in this way can later be validated, if they comply with their purpose, there is no legal authorization to validate, in advance, their realization.

stood out in judgment that this practice would present problems such as the existence of homonyms, false profiles and uncertainties about the effective receipt of communication. It was also stressed that it was necessary to regulate the matter at the federal level, considering that different rules in the Courts on Electronic Communication.

The discussion on subpoenas and citations through messaging or social networks gained prominence after approval by the National Council of Justice (CNJ) of the use of technological tools for the communication of procedural acts in 2017, especially during the covid-19 pandemic.

It is important to remember that we recently disclose a decision by the STJ understanding for the validity of quotation via WhatsApp, if it reaches the purpose of becoming aware of the existence of the lawsuit. The understanding of the validity of the citation was based on the fulfillment of the purpose of the act, even if there is no express provision in the law on the possibility of communication of procedural acts through messaging applications.