Credit Recovery | Brazilian Superior Court Recognizes Extrajudicial Notification by Email — 3 Key Points What Changes for Creditors and Collateral Recovery in Brazil

The Brazilian Superior Court of Justice (STJ) has unified its case law by recognizing that extrajudicial notification via email is valid to prove the default of fiduciary debtors, provided it is sent to the email address specified in the contract, with confirmed receipt.

1. Email Notification Fulfills Legal Requirements If Stated in the Contract: The STJ decided that if the contract provides an email address for notifications, sending communication to this address—with proof of receipt—is sufficient evidence of the debtor’s default. It does not matter who actually accesses the message; what counts is the confirmation of delivery to the contractually agreed contact.

2. Technological Innovation Brings Speed and Efficiency: The decision embraces the idea that legal rules must keep pace with technological advances, validating digital notification as long as there is concrete evidence of receipt. This enables faster, more cost-effective debt recovery processes, benefiting creditors in collection and asset retrieval procedures.

3. Judiciary Values Effectiveness and Less Bureaucracy: By adopting email notification, the STJ emphasizes practicality and the constitutional principle of reasonable process duration, rejecting unnecessary formalities in light of technological possibilities. This makes credit and collateral recovery procedures in Brazil more agile, modern, and accessible.

Therefore, extrajudicial notification by email, when provided for in the contract and demonstrably received, is valid for collection and enforcement of fiduciary guarantees, modernizing credit market practices in Brazil.