POSSIBILITY OF CITATION AND INTIMATION BY WHATSAPP APPLICATION IN THE JUDICIARY AND HOW THIS MECHANISM CAN CONTRIBUTE TO THE CONTINUITY OF PROCESSES IN CIVIL AND CRIMINAL SPECIAL COURTS

Abstract

The purpose of this study was to demonstrate the possibility of citation and subpoena via WhatsApp application in the judiciary and how this mechanism could contribute to the continuity of processes being processed in the Special Civil and Criminal Courts, in this sense, a biographical review of the guiding principles was carried out inherent in the Federal Constitution of 1988 regarding the right to adversarial proceedings and broad defense, access to justice, as well as the principles that govern the Law of Special Civil and Criminals. The legal provision on the possibility of citation through electronic devices in the Civil Procedure Code was also addressed, as well as how this modality was improved with the implementation of the “100% Digital Court” established during the 2020 Pandemic, finally, it was exposed the understanding of the Superior Court of Justice regarding the possibility or not of summons and subpoena through the WhatsApp application. After reading the study, it is hoped that the reader will be able to have a better understanding of this type of summons and subpoena, since, according to the understanding of the Superior Court of Justice, it is possible to carry it out in the judiciary, especially in the Special Civil and Criminal Courts. Therefore, the identification of the recipient must be guaranteed.