Suspension of Activities of Brazilian Courts during New Year’s Holiday Season
During the months of December and January, there is what we call a Court Recess. This is a lapse of time in which the courts and other Institutions of the Brazilian judiciary stop working due to year-end festivities.
The so-called Court Recess takes place between December 20th and January 6th, and all deadlines for lawsuits are suspended during said dates. In addition, we still note further suspensions between January 7th and 20th. That is, even though the courts are working normally, there is still a suspension of hearings, trials and deadlines in force during this second period.
However, during these days, Brazilian courts remain on duty, working only in urgent cases. That is, those which contain requests that could harm the interests of at least one of the parties if they are not analyzed.
Despite the Court Recess being understood between December 20th and January 6th, the Brazilian Civil Procedure Rules guarantee the suspension of procedural deadlines between December 20th and January 20th. During these days, in addition to the absence of deadlines, hearings and judgment sessions are not held.
It should be noted that there is a difference in the counting of deadlines started before and during this period of suspension of activities. Deadlines that started to run before the suspension of activities have their counting stopped and return on the business day after January 20th. On the other hand, deadlines that started to run during that period have their counting started only after the end of the suspension of deadlines.
It is also important to emphasize that such period of suspension of activities does not affect and does not apply to the activities of the Brazilian Patent and Trademark Office. All deadlines and activities of said Agency are maintained without any change or special operating schedule.
In short, as a general rule:
The dates of suspension of activities of Brazilian courts: between December 20th and January 6th;
Suspension of deadlines, hearings and trial sessions: between December 20th and January 20th.
The Brazilian Patent and Trademark Office: No suspension of activities or deadlines.
