STJ judges company request to summon and subpoena debtor via social networks – 08/06/2023 – Panel

The Third Panel of the STJ (Superior Court of Justice) judges this Tuesday (8) the appeal of a company against a decision that denied that a debtor be cited and subpoenaed through social networks such as Facebook and Instagram in view of the difficulty of finding it “in the real world”.

The company, Carbinox Indústria e Comércio Ltda., has been trying to enforce a debt contracted by a debtor since 2016, without success. According to the company, the accused has refused to receive judicial communications through traditional means since the first attempt, made in June 2016 at an address in Santa Barbara D’Oeste (SP).

In the action, reported by Minister Nancy Adrighi, the company mentions the “supposed disappearance of the Aggravated in the ‘real world’ which contrasts with the “active and constant presence of these in the designated social networks”.

As an example, it says that this can be verified through the “likes”, “comments”, “shares” and “lives” promoted by the debtor, “in which the presence of the Appellee is verified, or better still, the possible existence of goods that are able to satisfy the execution.”

To justify its claim, the company also states that carrying out procedural acts electronically has become increasingly common today and that there is no legal prohibition for court notifications to be made through social networks.

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