The problem of double deadlines for public entities in the brazilian electronic judicial process: common or successive deadline?

Abstract

This article examines problematic issues related to electronic judicial proceedings in Brazil, focusing on procedural deadlines and the principle of equality of arms. The analysis covers the evolution of electronic proceedings, highlighting the impact of Law No. 11,419/2006 and the implementation of the Electronic Judicial Process (PJe). The study discusses how the application of common and successive deadlines can create inequality, especially regarding the extended deadlines granted to public entities (Art. 183, CPC). The principle of equality of arms, essential to ensuring equal treatment in litigation, is at risk when differentiated deadlines allow public entities to gain undue procedural advantages. The article, which uses the hypothetical-deductive method, proposes that the judiciary adopt more uniform practices to ensure that the application of differentiated deadlines does not compromise fairness.