DA CITAÇÃO ELETRÔNICA PELO APLICATIVO WHATSAPP

REQUISITOS PARA A SUA VALIDADE

Abstract

This article investigates the validity of electronic citations via WhatsApp, a practice that became common during the COVID-19 pandemic. The research seeks to determine if the application can become a legal and effective means of citation, considering its widespread use in Brazil and its potential to overcome current difficulties in locating defendants, in addition to reducing costs for the public treasury. The study is based on neoconstitutionalism, a theory that promotes a more active judicial stance, aiming for the swift resolution of the merits in judicial proceedings. This approach prioritizes constitutional and procedural principles such as due process of law, reasonable duration of the process, instrumentality of forms, and cooperation. The analysis concludes that WhatsApp is a valid means for electronic citations, provided it complies with current legislation and is used in an exceptional and subsidiary capacity. This means its use is only permitted after exhausting all other electronic citation methods and when there is no additional information about the defendant, except for a WhatsApp phone number with confirmed ownership. This measure aims to prevent harm to the plaintiff and ensure procedural expediency.