CCJ of the Chamber approves project that allows extrajudicial notification of debts via WhatsApp

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Proposal allows charges to be sent via platforms that allow proof of receipt. If there is no appeal for a plenary vote, the text will go to the Senate. Montage with competing messaging applications WhatsApp and Telegram Disclosure and Carlos Henrique Dias/g1 The Constitution and Justice Committee (CCJ) of the Chamber approved this Tuesday (31) a proposal that authorizes creditors to carry out extrajudicial debt notifications by electronic means and messaging apps such as WhatsApp. According to the proposal, the notice may be sent on platforms — e-mail or chat applications, for example — that allow the debtor’s “unequivocal awareness” to be proven. The exception will be for contracts that expressly prevent the sending of notifications. If there is no appeal for a plenary vote, the text will go to the Senate for analysis. Extrajudicial notifications serve as a type of warning to the debtor that there are pending charges. They also allow the charging of interest and fines in relation to the debt. In general, these notices — made without going through the Judiciary — are sent by Registry of Deeds and Documents Offices or by the Post Office, as long as there is proof of receipt in person. According to the rapporteur of the proposal, deputy Dr. Victor Linhalis (Podemos-ES), the text approved by the CCJ prevents possible legal divergences in which only the printed format would be appropriate. “With the advent of new electronic means of communication, we understand this interpretation as outdated,” he said. “It is therefore beneficial that extrajudicial notification can occur by electronic means, as long as there is no contractual prohibition”, concluded Linhalis. Financial Education: couple explains how to escape debt; Economist gives finance tips

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