Legal Citations in Brazil: Rules and Procedures

Posted on Jan 5, 2025 in Training and Employment Advise

Article 222

A citation will be sent by mail to any region of the country, except: (Amended by Law No. 8710, of 24.9.1993)

a) In state actions; (Included by Law No. 8710, of 24.9.1993)
b) When the defendant is incompetent; (Included by Law No. 8710, of 24.9.1993)
c) When the defendant is a Public Law entity; (Included by Law No. 8710, of 24.9.1993)
d) In execution processes; (Included by Law No. 8710, of 24.9.1993)
e) When the defendant resides in a location not served by household delivery of correspondence; (Included by Law No. 8710, of 24.9.1993)
f) When the plaintiff requires another method. (Included by Law No. 8710, of 24.9.1993)

Article 223

When citation is required by mail, the clerk or chief of the Secretariat will attach a copy of the initial petition to the judge’s order, dispatched in an envelope with the court’s stamp, as well as the court’s office, indicating the recipient’s express authorization.

§ 1 The letter will be signed, with acknowledgment of receipt, in order to be attached to the case file.
§ 2 The postman will deliver the letter to the registered recipient, requiring them to sign the receipt.

Article 223. When citation is required by mail, the clerk or chief of the Secretariat will attach a copy of the initial petition to the judge’s order, dispatched in an envelope with the court’s stamp, as well as the court’s office, indicating the recipient’s express authorization. (Amended by Law No. 5925 of 1 .10.1973)

§ 1 The record will no longer include a copy of the initial petition or the judge’s order, recorded warning referred to in art. 285, second part, or dispute concerns available rights. (Amended by Law No. 5925 of 1 .10.1973)
§ 2 The letter will be signed, with acknowledgment of receipt, in order to be attached to the case file. (Amended by Law No. 5925 of 1 .10.1973)
§ 3 The postman will deliver the letter to the registered recipient, requiring them to sign the receipt. (Included by Law No. 5925 of 1 .10.1973)

Article 223. When citation is deferred by mail, the clerk will attach a copy of the initial petition to the judge’s order, expressly stating its full content, including the warning referred to in art. 285, second part, communicating, also, the deadline for the response and the court and office, with the respective address. (Amended by Law No. 8710, of 24.9.1993)

Sole paragraph. The letter will be signed for delivery to the cited party, or the postman will require them, upon delivery, to sign the receipt. If the defendant is a legal entity, delivery to a person with management or general administration powers is valid. (Included by Law No. 8710, of 24.9.1993)

Article 224

The citation will be made by an Officer of Justice unless the law provides otherwise.

The citation will be made by an Officer of Justice except in the cases mentioned in art. 222, or when frustrated with mail citation. (Amended by Law No. 8710, of 24.9.1993)

Article 225

The order that the Officer of Justice must comply with shall contain:

I – The names of the plaintiff and the defendant, as well as their respective residences;
II – The purpose of the citation, with all the specifications of the initial petition;
III – The penalty, if any;
IV – The day, time, and place of appearance;
V – A copy of the order;
VI – The deadline for defense;
VII – The signature of the clerk and the declaration that they are signing it by order of the Judge.

Sole paragraph. They can be sent a brief report when the plaintiff delivers to the court, with the initial petition, as many copies as there are defendants; in which case, after being checked against the original, they will be part of the order.

The order that the Officer of Justice must comply with shall contain: (Amended by Law No. 5925 of 1 .10.1973)

I – The names of the plaintiff and the defendant, as well as their respective residences; (Amended by Law No. 5925 of 1 .10.1973)
II – The purpose of the citation, with all the specifications of the initial petition, as well as the warning referred to in art. 285, second part, or dispute concerns available rights; (Amended by Law No. 5925 of 1 .10.1973)
III – The penalty, if any; (Amended by Law No. 5925 of 1 .10.1973)
IV – The day, time, and place of appearance; (Amended by Law No. 5925 of 1 .10.1973)
V – A copy of the order, (Amended by Law No. 5925 of 1 .10.1973)
VI – The deadline for defense; (Amended by Law No. 5925 of 1 .10.1973)
VII – The signature of the clerk and the declaration that they are signing it by order of the Judge. (Amended by Law No. 5925 of 1 .10.1973)

Article 226

The Officer of Justice must seek out the defendant and, wherever they find them, cite them:

I – By reading the order and delivering the counterpart;
II – By certifying whether they received or refused the counterpart;
III – By obtaining a note of acknowledgment, or certifying that the defendant did not affix it.

Article 227

When, three times, the Officer of Justice has attempted to find the defendant at their domicile or residence, without finding them, they must, if there is suspicion of concealment, inform any family member, or any neighbor, that, on the next day, they will return, in order to effect the citation, at the designated time.

Article 228

On the designated day and time, the Officer of Justice, regardless of a new order, will appear at the domicile or residence of the cited party, in order to carry out the procedure.

§ 1 If the cited party is not present, the Officer of Justice will seek information about the reasons for their absence, assuming the citation is made, even if the cited party has hidden in another region.
§ 2 From the occurrence, the Officer of Justice will leave a counterpart with a family member or with any neighbor, declaring their name.

Article 229

Once the citation is made at the appointed time, the clerk will send the defendant a letter, telegram, or radiogram, giving them notice of everything.

Article 230

In contiguous counties, with easy communication, the Officer of Justice may effect the citation in any of them or residence of the cited party where they are found.

In contiguous counties, with easy communication, and in those located in the same metropolitan region, the Officer of Justice may effect citations or notifications in any of them. (Amended by Law No. 8710, of 24.9.1993)

Article 231

The citation will be made by edict:

I – When the defendant is unknown or uncertain;
II – When the place where the defendant is found is ignored, uncertain, or inaccessible;
III – In the cases expressly provided by law.
§ 1 A country that refuses to comply with a letter rogatory is considered inaccessible for the purpose of citation by edict.
§ 2 If the defendant is in an inaccessible place, the news of their citation will be published by edict.