The New Dynamics of the Special Civil Courts with Law No. 14.976/2024: Expansion of Competence and Procedural Limits

Law n. 14.976/2024 brought significant changes to the Special Civil Courts (JECs), reaffirming their competence for claims involving obligations to give, do, and not do, which were previously provided for in the 1973 Code of Civil Procedure (CPC).

These changes aim to standardize judicial interpretations and ensure greater legal certainty for the parties involved. This article analyzes the impacts of these changes on the dynamics of the JECs, as well as their effects on procedural speed and efficiency.

The Special Civil Courts were created by Law n. 9.099/1995 with the objective of providing easy access to justice for less complex cases. However, the repeal of the 1973 CPC generated uncertainties about maintaining the JECs' competence for certain claims, leading to divergent interpretations in the courts.

Law n. 14.976/2024 was introduced to resolve this gap, reaffirming and expanding the competence of the JECs.

1. Expansion of the Competence of the Special Civil Courts

The new legislation confirmed that the Special Civil Courts remain competent to adjudicate:

Obligations to give, do, and not do, regardless of the claim amount;

Actions that require simplified evidence production;

Consumer-related disputes that meet the criteria of lower complexity.

In doing so, the law resolves an impasse that had been faced by the courts, which had diverging opinions on the possibility of processing these claims in the JECs after the repeal of the 1973 CPC.

2. Impacts on Procedural Speed and Efficiency

Although the expansion of the JECs' competence is a step forward in increasing access to justice, it also presents challenges in managing the volume of cases. The expected impacts include:

Increase in procedural flow: With more claims being processed in the JECs, there is concern about the judiciary system’s capacity to absorb the increased workload.

Possible compromise of speed: Since these courts were designed for quick judgments, an excessive increase in claims may compromise this characteristic.

Need for infrastructure and resources: To maintain the efficiency of the JECs, it will be necessary to invest in technology and in training for both staff and judges.

3. Procedural Limits and the Impossibility of Special Appeal

Despite the expansion of competence, Law No. 14.976/2024 did not alter the appeal system of the Special Civil Courts, maintaining the following restrictions:

Impossibility of filing a Special Appeal (REsp) to the STJ: The jurisprudence of the Superior Court of Justice (STJ) remains firm that decisions of the Recursal Panels are not subject to a Special Appeal.

Only an Extraordinary Appeal (RE) to the STF is admissible, and that too only when there is a direct affront to the Federal Constitution.

Simplicity in process management, avoiding procedural acts that would slow down the proceedings.

These limitations reinforce the role of the JECs as a fast and accessible means of dispute resolution, preventing the system from being overloaded with appeals and complex discussions.

4. Challenges and Future Perspectives

The implementation of Law No. 14.976/2024 brings challenges that will need to be addressed by both the judiciary and legal practitioners. Among these challenges are:

Standardizing the interpretation of the norm by the Recursal Panels to avoid discrepancies between states;

Investing in digitization and process automation to maintain the efficiency and speed of the JECs;

Improving alternative dispute resolution methods, such as conciliation and mediation, to reduce the number of cases taken to court.

Conclusion

Law n. 14.976/2024 represents an important step in reaffirming the competence of the Special Civil Courts, ensuring legal certainty for disputes that were previously subject to divergent interpretations.

However, its effectiveness will depend on efficient management of the increased workload, as well as on maintaining the philosophy of simplicity and speed that characterizes the JECs.

Monitoring the initial decisions under the new legislation will be essential to gauge its real impacts on the Brazilian judiciary system.