In a unanimous decision, the 2nd Panel of the Superior Court of Justice (STJ) ruled in favor of the possibility of electronic notification of the debtor via email as a valid means of constituting default in contracts with fiduciary guarantees.
According to the Court’s understanding, such a procedure must be contractually stipulated and accompanied by proper evidence of both delivery and receipt.
In the case under review, a consumer defaulted on financing used to purchase a solar energy generator. In response, the financial institution filed a repossession action, presenting as proof of default an extrajudicial notification sent to the debtor’s email address.
In his defense, the consumer argued that under Article 2, §2, of Decree-Law 911/69, the notification of default should have been made by registered mail with acknowledgment of receipt, thus rendering the email notification null and void.
The reporting judge, Justice Antônio Carlos Ferreira, applied an analogous interpretation based on a repetitive precedent from the Court. The judge held that, provided it is accompanied by reliable evidence of receipt, a notification sent via the electronic address indicated by the debtor is entirely valid.
From this perspective, the STJ’s recent decision recognizes not only current patterns of internet access but also takes into account technological and social developments in the interpretation of the law.
Link to the case at STJ (REsp No. 2.183.860/DF):
https://processo.stj.jus.br/processo/pesquisa/?termo=REsp+2.183.860&aplicac
Aline Rossi | aline@nascimentomourao.adv.br
Partner and Coordinator of the Strategic Litigation practice, specialist in Civil Procedure and Contract Law.
Matheus Selaibe de Souza | matheus.souza@nascimentomourao.adv.br
Lawyer in the Strategic Litigation practice.
