Publications

Category: Real estate

The National Council of Justice (CNJ) judged, on August 8, 2023, an administrative procedure regarding an article of the provision of the Court of Justice of Minas Gerais (TJMG) that deals with the procedure for the constitution of fiduciary alienations of real estate in Minas Gerais.

In a brief context,  Joint Provision 93/2020 of the TJMG (Provision 93),  regulated the execution of fiduciary alienation and limited the constitution by private instrument to the entities of the Real Estate Financing System (SFI), credit unions or real estate consortium administrator.^[1]

This provision does not directly follow federal law on fiduciary alienation. Law 9,514/97, which provides for the SFI and instituted the fiduciary alienation of immovable property, in its article 22, paragraph 1, expressly allows individuals or legal entities, regardless of whether they operate in the SFI, to contract the fiduciary alienation.

The interpretation of the TJMG, however, is not followed by most of the country's courts of justice, whose regulations allow contracting by private instrument, without limiting such prerogative to the entities operating in the SFI. In this sense, by way of example, the Court of Justice of the State of São Paulo (TJ-SP) provides on the subject as follows:

Article 229 - The acts and contracts referred to in Law No. 9,514/1997, or resulting from its application, even those aimed at the constitution, transfer, modification or waiver of rights in rem over real estate, may be executed by public deed or by private instrument with the effects of a public deed.

In line with the interpretation of the TJMG, which limits the constitution of fiduciary alienation by private instrument to the entities operating in the SFI, only the Courts of Justice of the State of Bahia (TJBA), the State of Pará (TJPA), the State of Maranhão (TJMA), and the State of Paraíba (TJPB) impose a similar restriction.

Evolution of the TJMG regulation on the subject

When analyzing the wording of the provisions that dealt with the subject in the previous provisions of the General Council of Justice of Minas Gerais (CGJMG), it is verified that, at a certain moment, there was a change in the understanding about the imposition of limitation.

In 2013, Provision 260 of the CGJMG was regulated in a similar way to Provision 93, that is, limiting the constitution of fiduciary alienation through a private instrument to the entities operating in the SFI. However, in 2015 the CGJMG, pursuant to provision 299, removed the limitation from the wording and began to regulate the subject as follows:

"Art. 852. Acts and contracts relating to the fiduciary disposal of real estate and related businesses may be executed by public deed or private instrument, pursuant to article 38 of Law No. 9,514, of November 20, 1997."

This rule was in force for two years, until in 2017 the CGJMG resumed the wording that limits the use of the private instrument for the contracting of the fiduciary alienation. This regulation remained in force until the present day and has now been corroborated by the CNJ.

Competence of the CNJ

The CNJ is an organ of the Judiciary provided for in the Federal Constitution, which was established by Constitutional Amendment 45/04. Its 15 members are elected for a 2-year term, including ministers of the superior courts, judges of federal courts, members of the public prosecutor's office, as well as lawyers and citizens, as provided for in Article 103-B of the Constitution.

In the discussion in evidence, the CNJ is provoked to interfere in the case based on its competencies, which at the same time determines that the CNJ ensures the autonomy of the Judiciary and the legality of the administrative acts practiced by the organs of the Judiciary.^[2]

Thus, in the case in question, the role of the CNJ was to judge the legality of the restrictions imposed by the TJMG and to understand whether the limitation imposed on entities not members of the SFI constitutes an administrative act of the body, perfectly legal, being supported its autonomy.

However, it is important to note that there is a limit to be respected, referring to the incompetence of the body to legislate on any subject. Under the terms of the Federal Constitution, the act of legislating is restricted to the Union and, in certain cases, the competence lies with the states and municipalities. The CNJ, among other functions, is responsible for regulating, but always under the terms provided by law.

In this sense, and based on the interpretation of article 22, paragraph 1, of Law 9,514/97 (that there is no limitation on the contracting of the fiduciary alienation), by limiting rights not expressed by current legislation, the decision of the CNJ may be discussed in the future, based on the restrictions inherent to its competence.

Decision of the CNJ on the subject

Due to the restrictions imposed by the TJMG described above, a company interested in entering into a private instrument of fiduciary alienation proposed an administrative control action to the CNJ. The objective was to annul the administrative act of the TJMG that limits the rights of individuals and legal entities that do not operate in the SFI.

In the understanding of such company, the normatization made by the TJMG is in clear disagreement with the provisions of the federal legislation on the fiduciary alienation of real estate and, because of this, it would be illegal to restrict the execution of fiduciary alienation by private instrument to the institutions of the SFI.

In short, in the view adopted, the administrative act of the TJMG could not impose restrictions that were not expressly provided for in federal legislation. This is due to the existence of a specific law that regulates the execution of the fiduciary alienation and that does not reflect the aforementioned limitation.

The TJMG, on the other hand, maintains that legislation must be interpreted in harmony, making use of the "theory of dialogue of sources" and, in this sense, based on the provision of article 108 of the Civil Code,^[3] the prohibition disciplined in extrajudicial rules would be fair.

In the trial session, all the counselors of the CNJ accepted the arguments of the TJMG. Thus, the request of the company in question was denied and the contested restriction, which was considered reasonable, remained valid.

Thus, the restrictions on the possibility of entering into fiduciary alienation by private instrument remain in force in Minas Gerais (and other states that regulate the subject in a similar way).

The requirement to formalize fiduciary alienation by public deed affects the costs, deadlines and even the terms of the contract. This is because the notary needs to agree to the wording of the agreement.

Thus, it is essential to analyze the rules applicable to the place of the signed business and, if so, to evaluate the best option for the agreement.

^[1] Joint Provision No. 93/2020 of the General Council of Justice ofTJMG: Art. 954. The acts and contracts related to the fiduciary sale of real estate and related businesses may be executed by public deed or private instrument, provided that, in the latter case, it is entered into by an entity that is part of the Real Estate Financing System – SFI, by Credit Unions or by a Real Estate Consortium Administrator.

^[2] Art. 103-B. The National Council of Justice is composed of 15 (fifteen) members with a term of office of 2 (two) years, admitted 1 (one) renewal, being: [...]

• Article 4 - The Council is responsible for controlling the administrative and financial performance of the Judiciary and the fulfillment of the functional duties of judges, and it is incumbent upon it, in addition to other attributions conferred on it by the Statute of the Judiciary:

I - to ensure the autonomy of the Judiciary and compliance with the Statute of the Judiciary, being able to issue regulatory acts, within the scope of its competence, or recommend measures;

II - to ensure compliance with article 37 and to assess, ex officio or through provocation, the legality of administrative acts performed by members or organs of the Judiciary, and may disconstitute them, review them or set a deadline for the adoption of the necessary measures for the exact compliance with the law, without prejudice to the competence of the Court of Auditors of the Union;

^[3] Art. 108. Unless the law provides otherwise, the public deed is essential to the validity of legal transactions aimed at the constitution, transfer, modification or waiver of real rights over real estate worth more than thirty times the highest minimum wage in force in the country.

Category: Competition

The balance of environmental, social and governance (ESG) goals is becoming increasingly important in the agenda of companies, in Brazil and abroad. The number of ESG initiatives that require some degree of commercial strategy alignment or cooperation with competitors in order to achieve sustainability gains is also growing. These are situations that would classically raise concerns about collusive behaviour, concerted practices or the exchange of sensitive information.

For competition authorities, the issue is also on the agenda. The Administrative Council for Economic Defense (Cade) has recently discussed, in the scope of a merger filing, aspects to be considered when assessing agreements amongst competitors aiming at generating gains in environmental, social or governance sustainability.

This debate is more advanced in the European Union, where competition authorities of several countries have already been discussing, for some years, the competitive implications of issues related to ESG initiatives.

The European Commission has recently adopted guidelines allowing cooperation between competitors in initiatives of this nature, provided that certain conditions are met – including that the collective benefits arising from the ESG agreements outweigh the harms associated with the restraint of competition arising from such agreements.

The European Commission’s approach is aligned to some extent with that of the competition authorities in Austria and the Netherlands, where antitrust immunity for sustainability agreements has already been established based on an assessment of the positive sustainability effects and negative effects of the agreements on competition.

In the Netherlands, the positive effects were deemed to outweigh the negative effects in a case involving an agreement amongst certain beverage manufacturers and supermarket chains to stop using plastic handles in beverage multipacks, as well as in a case involving garden centers curtailing suppliers who use illegal pesticides.

In the United States, however, the stance on the subject has been more conservative. The Federal antitrust authorities have been indicating that there will be no special treatment for ESG initiatives that could be in violation of the antitrust law. This tends to discourage coordinated sustainability initiatives and has already led several insurers to depart from a United Nations-convened alliance created to encourage carbon emission reduction (the so-called Net-Zero Insurance Alliance).

CADE's Tribunal discussed ESG collaborations for the first time in June, when reviewing a merger filing involving the establishment of a joint-venture by agricultural commodities trading companies with global operations. The companies intend to create a platform to facilitate the standardization and management of sustainability measurement data at different stages of the food and agricultural supply chain.

Some of the Commissioners stressed that Cade's role is to protect competition. For them, by incorporating issues as environmental, social or governance sustainability gains in the analysis of the effects of transactions under their review, Cade could be overstepping its competence. Others argued that, although the ESG agenda is relevant, it should not influence the agency's technical and objective analysis. Other Commissioners, however, adopted an approach closer to that of some European competition authorities, pointing out that it is important for Cade to establish directives or guidelines for cases involving some sort of business cooperation mechanism among competitors for ESG initiatives.

The different approaches adopted abroad and the still incipient debate at Cade lead to legal uncertainty. Considering potential competitive risks when structuring ESG initiatives is, therefore, critical. Companies need to be even more careful and perform a detailed assessment to identify risks and adopt measures to mitigate them.

Category: Intellectual property

The National Institute of Industrial Property (INPI) has published the four-year strategic plan for 2023-2026, presenting its mission, vision, and values, as well as its new strategic objectives.

As a mission, the Brazilian Patent and Trademark Office (BPTO) intends to "boost innovation through industrial property". As a vision, it seeks "to consolidate itself as a world-class industrial property office". As its values, the institute elects excellence, user-focus, public vocation, appreciation of people, innovative spirit and cooperation.

Together with these guiding elements, the BPTO presented the strategic objectives that will guide the actions to be taken and results to be sought in the next four years:

1. Optimize quality and agility in the granting and registering industrial property rights, achieving performance standards of international reference;
2. Promote culture and the strategic use of industrial property to improve competitiveness, innovation, and development of Brazil;
3. Consolidate the insertion of Brazil as a protagonist in the international system of industrial property;
4. Raise knowledge and recognition of the value BPTO brings to society;
5. Deepen the digital transformation with a focus on improving performance and the services offered to users;
6. Ensure sustainable financing for modernization and expansion of service provision capacity;
7. Ensure the recomposition and retention of the workforce scaled to meet a growing demand and sustain high performance in service provision;
8. Provide logistics support and efficient and sustainable economic infrastructure; and
9. Improve governance and management practices, and institutional relationships.

There is some similarity of the current objectives with those of the 2018-2022 strategic plan, which demonstrates the continuous effort of the BPTO to achieve its goals. In the previous plan, INPI had listed five main strategic objectives:

1. Optimize time, quality and legal certainty in its work of granting or promoting the registration of intellectual property rights by the INPI;
2. Foster the creation of economic assets that derive from knowledge and inventiveness in monetizable intellectual property;
3. Integrate Brazil as a winning country in the international intellectual property system;
4. Achieve excellence in business management; and
5. Promote the development, professional growth, well-being and pursuit of excellence by INPI professionals.

It is noticed that the objectives of number 1 to 4 of the current strategic plan are quite similar to their counterparts of the 2018-2022 plan. The 5th objective of the old plan is aligned with the 7th objective of the current plan.

While the old plan had as main objectives the elimination of the backlog, optimization of the BPTO’s work, promotion of intellectual property, increase in the degree of quality of services and promotion of the well-being of its employees, the current plan not only continues these efforts but also tackles new challenges. They are: focus on the digital transformation of the platform (5), sustainable financing for modernization and expansion of services (6), creation of a better logistical structure (8) and improvement of governance practices (9).

Positive actions have already been taking place in the Brazilian IPO. The latest changes in the INPI procedures on know-how contract registration precisely meet these objectives of improving the quality of services, intensifying the digitalization of services and having more agile procedures.

The current strategic plan also exposes an important portfolio of projects linked to the objectives mentioned. Among them, the following stand out:

The strategic plan demonstrates the interest of the INPI in improving the operation and speed of processes involving industrial property, as well as establishing a dialogue with stakeholders on these issues. In addition, the BPTO has established quantitative targets, considering data from previous years.

As can be seen when seeing the established goals, there is a great concern with the improvement of the system of processing, evaluation and granting of industrial property registrations. The use of artificial intelligence is even considered. In this sense, the BPTO announced, on April 3, 2023, that it began a series of meetings to seek quality artificial intelligence solutions, which assist in the examination of trademark, patent and industrial design applications, to deliver accurate results and help examiners.

Artificial intelligence as a tool for the analysis of trademarks and patents

The plan reveals a concern of the Brazilian IPO with the digitalization and modernization of the systems and brings as an innovative measure the use of artificial intelligence to carry out searches.

The search system is essential – especially in the case of trademark registrations – to make initial searches before the application for registration, in order to ensure the presence of the requirements of relative novelty and non-collision with notorious marks.

Likewise, it is a fundamental tool for carrying out constant follow-ups, which aim to protect trademarks already registered against any colliding applications. The searches evaluate both the phonetic (sounds) and the figurative (symbols) aspects.

In addition to the optimization of search engines, artificial intelligence can serve as a powerful tool to assist the BPTO in its internal administrative activity.

The World Intellectual Property Organization (WIPO) develops and makes use of artificial intelligence to manage the international intellectual property system. The body is part of the United Nations (UN) and is responsible for carrying out the registration and monitoring of IP in the jurisdictions of the different member countries (193 in total) through a single platform, the PCT System.

This use emerged as a reflection of one of the main and most current challenges faced by IP offices (Intellectual Property Offices – IPOs) in a multifaceted world scenario characterized by:

• increase in the number of IP registration requests;
• increasingly complex IP registration requests; and
• IP registration applications subject to the unprecedented volatility of the intangible goods market, because of the interstate flow of IP assets.

Therefore, a simultaneous increase in the technical complexity of the work of those responsible for IP registrations and in the number of registrations is envisaged. Added to the constant battle against the backlog of registration requests, the issue constitutes the great challenge to be faced by IP offices.

The topic was widely discussed at the fifth WIPO colloquium on intellectual property and technologies of the future and indicates the need to face the challenge through various approaches (training for IPO employees; centralization of services around the user; adoption of new technologies; use of artificial intelligence).

At the meeting, various ways of using artificial intelligence to verify cases of counterfeiting or imitation, initial processing of patent applications, translation, search systems, classification systems, among others, were exposed.

It is worth mentioning especially the registration systems used by the Korean Intellectual Property Office (KIPO) and the United Kingdom Intellectual Property Office (UK IPO), which use artificial intelligence.

KIPO implemented an automatic classification recommendation system in 2021 and tested an automatic industrial design search system. The UK IPO, in turn, has increased the efficiency of processes with a trademark pre-registration tool that uses artificial intelligence to improve trademark applications, often promoted by users with limited knowledge of the registration system.

It is expected that the BPTO will modernize and that the strategic plan will be implemented, in order to make the autarchy more efficient and, in this way, improve the protection of intellectual property in Brazil.

Category: Intellectual property

In July, the Brazilian Patent and Trademark Office (BPTO) issued two ordinances amending the procedures for examining and registering industrial property (IP) licensing and transfer agreements, integrated circuit topography registrations, technology transfers and franchises.

The changes were discussed at a board meeting held on December 28, 2022. On the same occasion, other measures were also discussed to simplify procedures and ensure greater speed in processes conducted by the agency.

INPI/PR Ordinance 26/23 sets out the procedure for registration of licenses and transfers of industrial property rights, registration of technology transfer agreements and franchising. INPI/PR Ordinance 27/23 covers the guidelines for examining these contracts and revokes INPI/PR Resolution 199/17, which previously regulated this matter.

The main changes are the possibility of:

• registration of a know-how license agreement; and
• remittance of royalties from industrial property transfer or licensing agreements with a pending registration application (that is, still under analysis by the INPI).

Registration of know-how license agreements

The INPI did not allow the registration of unregistered technology license agreements (know-how). To allow registration, the authority defined these contracts as follows:

Therefor there now is an express provision guaranteeing the registration of know-how licensing agreements by the INPI.

Remittance of royalties for licensing industrial property applications

With the aforementioned ordinances, the INPI has made it possible to register and collect royalties on international licensing or transfer agreements, the object of which is the application for registration of industrial property rights (trademarks, patents, industrial designs and integrated circuit topography). Previously, this was only possible if the rights were duly registered. This is another major change, which brings local and international practices more into line.

The measures adopted by the INPI were long overdue and should ensure greater agility and ease in the international contracting of industrial property rights and the transfer of know-how.

Category: Environmental

The Amazon Energies Program, launched by Federal Decree 11,648/23, aims to reduce the use of non-renewable sources in the energy production of the Amazon region. Another goal is to reduce the emission of greenhouse gases, prioritizing renewable energy sources in the energy matrix – especially in place of thermoelectric plants^[1].

Although the energy  generated from renewable sources already represents approximately 80% of the national energy matrix, Brazil still seeks to expand these sources to achieve carbon neutrality. In this scenario, there is a need to replace the energy sources used in the so-called isolated systems.

As provided for in article 2, items II and II, of Federal Decree 7.246/10, isolated systems are electrical systems of public service of energy distribution that are not connected to the National Interconnected System (SIN) for technical or economic reasons.

The federal government estimates that there are 211 locations served by isolated systems located in six states of the Northern Region. In these locations, generation occurs, for the most part, through thermoelectric plants that use diesel oil as a source which emit about 2.3 million tons of carbon dioxide (CO2) per year.^[2]

In addition, about R$ 12 billion per year are spent to supply the electricity needed to serve the isolated systems of the Legal Amazon.^[3]

According to article 1 of Federal Decree 11.648/23, the Amazon Energies Program seeks to promote investment in actions and projects in isolated systems located in the Legal Amazon region^[4] to:

• reduce electricity generation from fossil fuels;
• contribute to the quality and security of electricity supply; and
• structurally reduce the expenses of the Fuel Consumption Account (CCC), defined in article 3 of Federal Law 12.111/09.^[5]

The remote regions – small groups of consumers located in the Amazon Isolated System, far from municipal headquarters and characterized by the absence of economies of scale or density (article 1, item II, of Federal Decree 7,246/10) – will be served preferentially by the national universalization programs, as provided for in article 1, paragraph 2, of Federal Decree 11,648/23.

In addition, Article 3 of that decree sets out the guidelines for the program:

• value the energy resources available in the Legal Amazon region, especially renewable ones;
• promote energy efficiency and the reduce losses in the electrical energy supply;
• enable the interconnection of isolated systems to the SIN, when technically, economically and socio-environmentally feasible;
• promote the quality and transparency of data and information on electricity supply and fuel consumption within isolated systems;
• promote technological innovation and improve the quality of electricity supply;
• promote social engagement and participation in the planning and implementation of the actions of the Amazon Energies Program; and
• articulate with other government programs to promote the integration of policies and actions in the locations served.

Article 5 of Federal Decree 11,648/23 also established the actions and projects eligible for the Amazon Energies Program, among which the following stand out:

• interconnection of isolated systems to the SIN through electricity transmission or distribution networks;
• installations of electrical energy generation assets from renewable sources or the use of low-carbon fuels, including biomass, liquid biofuels, biogas and energy use of waste;
• network installations that integrate generation facilities and electric energy storage systems;
• implementation of implementation of loss reduction, energy efficiency and demand response projects or programs;; and
• energy importation, provided that there is a reduction in greenhouse gas emissions and expenses with the CCC.

Implementation will mainly occur through:

• auctions and transmission authorizations for the interconnection of isolated systems to the SIN;
• auctions for contracting supply solutions to serve the isolated systems;
• subrogation in the reimbursement of the CCC; and
• Program for Structural Reduction of Energy Generation Costs in the Legal Amazon and Navigability of the Madeira River and Tocantins River – Pro-Legal Amazon (art. 4 of Federal Decree 11.648/23).

The National Energy Policy Council (CNPE) will be responsible for establishing the goals for compliance with the program in relation to the amount of greenhouse gas emissions for 2030 and, ten years in advance, for 2035.

Federal Decree 11,648/23, therefore, is extremely important for measures aimed at actions that enable the energy transition in the country. The new standard adapts this transition to the existing generation characteristics in Brazil by connecting the Amazon region to the SIN and expanding the supply of electricity from renewable sources, including in areas where non-renewable sources still predominate.

^[1] Website of the Ministry of Mines and Energy: "Decree establishing the Energies of the Amazon program is signed by President Lula

^[2] Ditto.

^[3] Ditto.

^[4] The definition of Legal Amazon is that provided for in article 2 of Federal Law 5.173/66: "The Amazon, for the purposes of this law, covers the region comprised by the States of Acre, Pará and Amazonas, by the Federal Territories of Amapá, Roraima and Rondônia, and also by the areas of the State of Mato Grosso north of the parallel of 16º,  of the State of Goiás north of the parallel of 13º and of the State of Maranhão to the west of the meridian of 44º."

^[5] Art. 3 of Federal Law 12.111/09: "The Fuel Consumption Account – CCC, referred to in § 3 of article 1 and article 8 of Law No. 8,631, of March 4, 1993, will reimburse, as of July 30, 2009, the amount equal to the difference between the total cost of generating electricity,  for the service of public electricity distribution in the Isolated Systems, and the valuation of the corresponding amount of electric energy by the average cost of the power and energy marketed in the ACR Regulated Contracting Environment of the National Interconnected System SIN, according to regulation."

Category: Litigation

The Superior Court of Justice (STJ), when judging  Special Appeal 2,056,285 / RS  (REsp 2,056,285 / RS) in April, reinforced the understanding consolidated in its Precedent 359 that it is the duty of the body maintaining the register of defaulters to notify the consumer before enrolling him in credit protection agencies. It is not enough to simply notify that the registration has been made. It is understood that it is necessary to guarantee the consumer time to pay the debt or oppose the denial, if he considers it illegal.

By unanimously granting the special appeal, the 3rd Panel of the STJ not only reinforced the understanding already established but also made it clear that it is necessary to send physical notifications to debtors before including them in restrictive credit registers.

In the decision, the Reporting Minister Nancy Andrighi pointed out that, although the jurisprudence of the STJ dispenses with the need for notification with acknowledgement of receipt (AR), as already pacified by Statement 404 of the Precedent of the STJ,^[1] the  prior registration of the consumer in restrictive credit registers must be preceded by the sending of physical correspondence to the consumer's address.

The case analyzed in REsp 2.056.285/RS refers to an action for cancellation of registration and request for compensation filed by a woman who claimed not to have been duly notified of her registration in the register of defaulters. There would have been no prior sending of physical correspondence to her address.

The plaintiff's request – which would have debts of approximately R$ 3,500 with a bank and R$ 110 with  a virtual payments platform – was partially upheld by the 1st instance, which determined the cancellation of the registration regarding a debt of R$ 589.77 with the bank, since there was no proof of notification. The other requests were rejected.

The author appealed, but her appeal was not granted by the Court of Justice of Rio Grande do Sul (TJRS). The court held that the requirement of express notification in Article 43, paragraph 2, of the Consumer Protection Code (CDC) would be satisfied if an e-mail or a simple mobile text message (SMS) is sent by the creditor, which would have been effectively carried out. Faced with this decision, the plaintiff appealed to the Superior Court, which diverged from the TJRS.

In the STJ, the Reporting Minister argued that admitting the notification exclusively via e-mail or by SMS would represent a decrease in consumer protection. This way of proceeding would violate the provisions of Article 4, caput, of the CDC, by causing injury to the legally protected good or interest.

According to the decision of the STJ, although the use of e-mail and cell phone has positive effects on consumer relations, its exclusive use as the only mechanism for notifying the consumer about the opening of registration, fiche, registration and personal and consumption data could not be considered lawful.

It was highlighted the fact that, due to economic and social inequalities, "the consumer, a vulnerable part of the relationship, in many cases, does not have an electronic address (e-mail) or, when he does, does not have easy access to computers, cell phones or other devices that allow him to access it constantly and without major difficulties, highlighting his technical, informational and socioeconomic vulnerability."

In relation to this question, it is worth noting three aspects:

• It is controversial the idea that the prior sending of notifications by e-mail or SMS to inform the consumer about their inclusion in delinquent registers would mean a reduction of their protection or injury to their rights. This is because the use of electronic media in the daily life of the population is widely disseminated. According to the Brazilian Institute of Geography and Statistics (IBGE), 90% of Brazilian households already had access to the internet in 2021. In this way, it is possible to assess that the debtor could have access to the communication almost immediately, in time, even, to take measures to avoid its registration in the register of debtors.
• The use of electronic means to send official communications in civil and criminal proceedings is already widespread. There should, therefore, be no impediment so that a simple notification of notice of the inclusion of the consumer in delinquent registers could be made by e-mail or SMS.
• By making a decision that favors those who live in extreme social vulnerability and do not have access to the internet, the STJ ended up benefiting non-vulnerable debtors. With this, the maxim of treating consumers to the extent of their inequality was broken. Perhaps it would have been more appropriate to adopt criteria that would protect the most vulnerable and, at the same time, maintain the use of electronic means to send notifications as a valid resource.

Over time, given the facilities and benefits provided by the use of digital media, it is possible that the STJ will review the decision and end up adopting a more flexible stance. It is important to follow the discussions on the subject carefully.

^[1]"It is dispensable the Notice of Receipt (AR) in the letter of communication to the consumer about the denial of his name in databases and registers."