DIGITAL SERVICE OF PROCESS AND ELECTRONIC NOTIFICATIONS IN BRAZILIAN CIVIL PROCEDURE: NORMATIVE GAPS AND CHALLENGES TO LEGAL CERTAINTY IN THE COURT OF JUSTICE OF RONDÔNIA (TJRO)

Abstract

The digitalization of the Brazilian Judiciary and the adoption of electronic service of process as the preferred modality, set forth by Law No. 14,195/2021, have placed the use of instant messaging applications, especially WhatsApp, at the center of procedural debate as a means of communicating procedural acts. Within the Court of Justice of the State of Rondônia, the matter was regulated by Joint Provision No. 17/2025-PR-CGJ, which established the application as an official means of procedural communication but remained silent on the court fees regime applicable to this modality. This article examines whether such a gap compromises the legal certainty of litigants and whether the absence of express provision may give rise to divergent interpretations regarding the applicable procedural charges. The aim is to analyze the impacts of this regulatory omission on the treatment of court fees, legal certainty and the efficiency of civil procedure, in order to identify gaps and point out paths for adequate regulation. A qualitative approach of a legal-dogmatic nature is adopted, based on bibliographic review, analysis of federal legislation and of the resolutions issued by the National Council of Justice, jurisprudential study focused on Theme No. 1,345 of the Superior Court of Justice, and documentary analysis of the local normative act. It is concluded that the omission regarding the court fees regime sustains a financial structure shaped by in-person diligence, at odds with the features of electronic communications, which calls for specific regulation to ensure predictability, isonomy and legal certainty for litigants.