The judicial recess is a period of "pause" in the ordinary activities of the Brazilian Judiciary, during which the activities of the courts and chambers are reduced, limited to addressing urgent and priority matters. This break traditionally occurs at the end of the year and affects the functioning of procedural deadlines, public service, and the holding of hearings.

With the aim of providing rest for legal professionals and allowing for the restructuring and internal organization of the Judiciary, the judicial recess also has significant impacts on both the progress of cases and the interests of clients involved in litigation. In this article, we will discuss what the judicial recess is, how it works, its regulation, and its practical effects in the legal world.

What is the Judicial Recess and what is its legal basis?

The judicial recess is the period in which the Judiciary suspends most of its regular activities and the running of procedural deadlines, maintaining operations only for urgent matters, such as preliminary injunctions , writs of mandamus , and issues related to urgent relief . During this period, procedural deadlines are also altered, creating a pause in regular proceedings.

Article 93, item XII, of the Federal Constitution, in addition to providing constitutional basis for this institution, also determines that during this period "collective vacations are prohibited in the courts and tribunals of second instance, with judges on permanent duty on days when there is no normal court business."

Furthermore, moving on to sub-constitutional norms, Article 220 of the Code of Civil Procedure (CPC) is even more specific, as it governs the period of suspension of deadlines during the court recess, stipulating that "The course of procedural deadlines is suspended on the days between December 20 and January 20, inclusive."

It is worth noting that, traditionally, the recess period itself is from December 20th to January 6th. However, the new CPC (Brazilian Code of Civil Procedure) extended this period in relation to the suspension of proceedings to account for the so-called "lawyer's vacation". Thus, the current rule considered the "judicial recess itself (December 20th to January 6th) and also the lawyer's vacation (January 7th to January 20th)".

The aforementioned suspension period is also provided for in criminal law (article 798-A of the CPP) and labor law (article 775-A of the CLT). 

This provision aims to standardize the interruption of deadlines throughout the country and ensure that parties and lawyers can organize their activities without prejudice during the recess and without the possibility of sudden and arbitrary changes by the judicial bodies.

When does the judicial recess occur and how do the courts operate during this period?

Thus, the court recess traditionally occurs between December 20th and January 6th, as stipulated by law; however, between December 20th and January 20th, procedural deadlines are suspended (article 220 of the CPC), even after the recess itself has ended.

Thus, until January 6th (inclusive), the courts operate on a judicial duty roster, with service restricted to urgent cases. The services and analyses available during the duty roster are listed in Resolution No. 71/2009 of the National Council of Justice (CNJ) and include, among others: 

1. Habeas corpus petitions and writs of mandamus;
2. Preliminary injunctions issued on an urgent basis;
3. Cases involving the risk of forfeiture of rights;
4. preliminary injunction in a collective labor dispute involving a strike;Text as amended by Resolution No. 326, of June 26, 2020.); and
5. Reports of arrests made in the act.

The court recess ends on January 7th. However, deadlines for procedural acts will resume on the business day following the end of the suspension, that is, from January 21st.

Difference between suspended deadlines and interrupted deadlines during recess.

As can be seen from the previous explanation, it is essential to understand the distinction between suspended and interrupted deadlines in the context of the court recess, so that there is no confusion and legal professionals do not make irreparable errors regarding the rights of third parties:

• Deadline Suspended: The procedural deadline is "frozen" during the indicated period, resuming from where it left off as soon as the suspension ends.
  • For example, a deadline of 10 days it starts counting in December 15th.
    • No 5th day (December 20), the deadline is suspended.
    • When the suspension ends (January 21,the count continues from the 6th day onwards.until completing the 10 days total.
• Interrupted DeadlineInterruption, on the other hand, implies the complete restart of the deadline after the established period. Thus, if the deadline were interrupted in the same previous example, it would restart from zero upon the return to normal activities.

In other words, "the main difference between the suspension and interruption of deadlines lies in the resumption of the count. While in suspension, the count resumes from where it left off, in interruption the count restarts."

What are the main impacts of the court recess for lawyers and clients?

The suspension of procedural deadlines during the court recess is one of the most notable impacts. During this period, procedural acts such as filings, summonses, and responses are interrupted, which can lead to a prolongation of the duration of proceedings.

Non-urgent cases may feel this effect even more, since the recess accumulates activities to resume in January and overloads the judicial system at the beginning of the year.

For lawyers, the court recess is an opportunity to reorganize cases, plan strategies, and review pending processes, as well as, of course, take vacations. However, it is important to be aware of urgent cases, already mentioned here, that may require action during the judicial recess. Thus, staying updated on suspended deadlines and the possibilities of acting during the recess is crucial to ensure that clients' rights are preserved.

For clients with ongoing cases, the court recess may present some frustration, especially in cases with prolonged litigation. However, it is up to lawyers and other judicial professionals to communicate the importance of this period, which aims to provide a balance between the functioning of the system and the rest of legal professionals, but which does not prevent access to justice for priority matters covered by the judicial on-call service.

How to plan for the court recess?

For legal professionals and clients, the court recess requires planning and organization. Some practical guidelines include:

• Advance Planning: Identify deadlines that are approaching the recess period and take preventative measures, such as filing petitions in advance or submitting requests ahead of schedule, if necessary.
• Monitoring of Judicial Duty Rosters: Identify the cases handled during this period and prepare to act in case of emergency.
• Transparency with Clients: Communicate clearly about the impact of the recess on processes and the limitations of operations.

Conclusion: What to know about the Judiciary's recess

The judicial recess is a regulated practice that seeks to balance the efficiency of the judicial system with the well-being of its operators. During this period, in short, access to justice functions as follows: 

• Suspension of deadlines: between December 20th and January 20th.
• Judicial duty roster: Between December 20th and January 6th.

The suspension of deadlines may impact the progress of cases, but it is essential to ensure that the activities of the Judiciary are resumed in an organized and efficient manner after the pause period.

With proper planning and communication, lawyers and clients can mitigate the effects of the court recess, ensuring that urgent matters are addressed and that regular proceedings continue normally after the suspension period ends. By understanding the rules governing the recess, it is possible to navigate this period with greater security and predictability.

References

BRAZIL. Constitution of the Federative Republic of Brazil of 1988. Available at: https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm. Accessed on: March 9, 2025.

BRAZIL. Law No. 13.105, of March 16, 2015. Code of Civil Procedure. Available at: https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2015/lei/l13105.htm. Accessed on: March 9, 2025.

NATIONAL COUNCIL OF JUSTICE. Resolution No. 71, of March 31, 2009. Provides for the judicial on-call system in the first and second levels of jurisdiction. Available at: https://atos.cnj.jus.br/atos/detalhar/63. Accessed on: March 9, 2025.

JOTA. Judicial recess: see the dates for the return of judicial activities in 2025. Available at: https://www.jota.info/justica/recesso-forense-veja-as-datas-de-retorno-das-atividades-do-judiciario-em-2025. Accessed on: March 9, 2025.

JURÍDICO AI. Court recess: rules, urgent measures and practical tips for lawyers. Available at: https://juridico.ai/noticias/recesso-forense/ . Accessed on: March 9, 2025.

PEREIRA, Aline de Souza. Suspension of procedural deadlines on holidays: between the rule and the evidence. Migalhas, February 9, 2022. Available at: https://www.migalhas.com.br/depeso/359368/suspensao-dos-prazos-processuais-em-feriados-entre-a-regra-ea-prova . Accessed on: March 9, 2025.