Amapá (AP) |
Regarding the branch, in the subject tree, to classify and file an action that deals with health, the Tucujuris system – Electronic Judicial Process uses the System of Unified Procedural Tables (TPU), established by Resolution No. 46/2007 of the National Council of Justice (CNJ), available at: https://www.cnj.jus.br/sgt/consulta_publica_classes.php |
Yes, the lawyer is the one who classifies/registers among the rites available at the time of the Initial Petition, and it is possible that he/she selects or classifies a rite different from the intended action, and the Secretariat may perform the correction. |
The distribution is automatic, performed by the lawyer himself, and after distribution the office realizes the performance and the admissibility examination, and the Secretariat may perform the correction. |
Pará (PA) |
The Court of Justice of Pará (TJPA) uses the electronic system PJE for the protocol of initial petitions. To register “subject” for an initial process, you must first select the “class” of the action. In view of the class, it is possible to classify the subject among those existing in the system, according to the object of the action. To make a difference between “public health” and “private health”, for the first case, the subject should be selected in the tree of “Administrative Law” and “Health Law”; and for the second, it should be in the tree of “Consumer Law”. In both cases, the one that best identifies the action should be verified as the main subject. We use this opportunity to clarify that nothing prevents other subsidiary matters from being selected. We also emphasize that the initial action protocol is the responsibility of the lawyer, who is responsible for class classification and the subject of the action to be filed, observing the jurisdiction of the court, before the final protocol. |
It is possible to perform the protocol of an action without performing the correct classification, because everything depends on the class and subject selected by the lawyer. It should also be noted that the subject tree used by this Court is that provided by the CNJ (Unified Procedural Table Management System – CNJ – https://www.cnj.jus.br/sgt/consulta_publica_assuntos.php). This body is better able to provide the clarifications questioned. |
The Distribution Sector does not have the competence to change/correct errors that occurred during the protocol of an action. If any adjustment has to be made, it must be carried out by the respective Registry of the Court. |
Rondônia (RO) |
Regarding the branching of the subject tree used, the subjects belong to the tree: Health Law. The glossary of TPU explains when it comes to private and public health. |
There is a possibility of distribution with any matter that is associated with the jurisdiction of the Public Treasury court. |
Users with a secretary director profile are enabled to perform subject corrections. |
Roraima (RR) |
The system currently widely used in the TJRR is the Projudi (there are still PJE and Siscom, however on a very small scale), so the TJRR adopts as a model of the unified tables of the CNJ, among the subjects or better managerial titles we have: “Health Processes”, it is this managerial that should be used at the time of filing the action to classify the newly filed process. |
As for the protocol, although the use of the managerial “Health processes” is regulated, many representatives end up classifying the demand in a different way, for example in the public treasury there are processes classified with the managerial “obligation to do or not to do” when in fact they are health processes, including the supply of medicines. I believe that one of the reasons is the recent adoption of new policies for health actions, including the adoption of a specific classification. |
With regard to the adequacy/ compatibility of any misconceptions in the definition of managerial in the register, both the distribution sector, the court registry office and NATJUS can change the classification when any misconceptions are found in the definition of managerial. Finally, it is relevant to note that NATJUS “collects” the statistical data and monitors health actions, especially in tributary and childhood courts, considering each request, i.e., NATJUS confers the daily collection that is distributed in the referred units, even though it is a managerial different from that indicated as “health process”, this nucleus records the process in its statistics since an analysis of the initials of each process is made to ensure the accuracy of the statistics. |
Alagoas (AL) |
The branch is defined by the CNJ through the Management System of Unified Procedural Tables – (TPU), and applies to all courts in the country. Namely, any branch that is below the subject of code 12,480 (Health Law). About the difference in the protocol: Yes, there is a difference in the registration of these actions. When it comes to public health, the branch used is the subject of code 12,481 (public health), while in relation to private health, the branch of code 12,482 (supplementary health) is used. We should clarify that the CNJ identifies these matters by subject (complement) and not by class (action). |
Yes, that is possible. The subject matter is not a mandatory content of the process, so possible misunderstandings may occur. |
The distribution sector is not properly in charge of correcting and/or identifying matters, but rather of competence. In this case, the health theme (in the context presented here) is defined by the subject and the competence is the non-criminal – defined by the procedural class. Therefore, the judicial unit that receives the case is in charge of identifying the matter and correcting it, if necessary. |
Ceará (CE) |
One informed according to resolution §§1 of 09/2019 of the ECJ as well as IN 03/2018 that the protocols were specifically and restricted to the areas of the right to public health, since the tree of Administrative Law is pertinent. However, the National Council of Justice (https://www.cnj.jus.br/sgt/consulta_publica_assuntos.php), promoted a recent change in the national table, including the branch of matters related to “Health Law”, repealing some codes of those that were standardized in the specialization carried out by the ECJ in 2018 and including several others related to the judicialization of private health. |
NR |
I inform that until the advent of automatic distribution in the Public Treasury Courts or the Civil Courts, the distributor user is authorized to correct the class eventually mistakenly elected by the petitioner. |
Maranhão (MA) |
The Information Technology Advisory made a search in all the filed processes that contain “Health” in the subject. Thus, processes were found in the following branches: Administrative Law and other matters of Public Law, Health Law, Consumer Law and Tax Law. It can be seen from the definition of the subjects mentioned in the previous table that there is a way to separate public and private health. |
Computer Advisory reports that there is the concept of competence in judicial proceedings systems. Cross-referencing health issues (mentioned in the table provided) with the competencies of each process. |
The Computer Advisory can report that whenever the distribution departments of the forums receive the determination to correct the assessment of the processes, either by changing the class, competence, inclusion or exclusion of subjects, among other data, this is done in the system. |
Rio Grande do Norte (RN) |
Health Law - 12,480 and its ramifications - There is a difference in the process record regarding public and private health according to codes provided by the TJ. |
It is possible, however, to minimize these misconceptions; the Secretariat for Strategic Management has been continuously disseminating information explaining the proper use of the Unified Procedural Tables. In addition to the Internal Affairs action in its Correction reports, in which the inconsistencies of registrations are pointed out. |
Registration errors are as far as possible corrected by the judicial units, there is no specific sector for this purpose. The Court has been preparing a compiled by jurisdiction, in which the classes, subjects and movements appropriate for each jurisdiction are identified, in order to avoid the occurrence of these misconceptions. |
Sergipe (SE) |
The virtual procedural control system used by this Court is parameterized according to the Unified Procedural Tables of the National Council of Justice and, in the latter, it appears as a branch to classify and file an action that addresses the subject of Health Law (12,480), which has the following subdivisions: 1. Donation and transplantation of organs, tissues or parts (12,521). 2. Genetics/stem cells (12,520). |
Yes, it is possible given that the lawyer subscribing to the petition must provide the matter when filing the action under the caput of article 170-F of the Judicial Normative Consolidation with wording amended by Provision No. 22/2010 and, therefore, may be mistaken in the choice of matter. |
Article 170-F of the Judicial Normative Consolidation, in its paragraph 5, exposes that the distributor can remedy any inaccuracies and include data indispensable to the registration of the process, always using the initial petition as a parameter. On the other hand, the applicant informs that it sends the above questions to this Court of Justice with a view to making some requests, which are answered below: 1) Verification of the consolidated data in terms of its adequacy to the issues presented and the realities of this court. It was not clear what these consolidated data would be and it is also a subjective question, not recoverable in the virtual procedural control system of this Court. |
Sergipe (SE) |
3. Mental (12,507), which is subdivided into compulsory hospitalization (12,508), involuntary hospitalization (12,509) and voluntary hospitalization (12,510). 4.Public (12,481), which is subdivided into: 4.1) Supply of inputs (12,485), which is subdivided into wheelchair/bath chair/hospital bed (12,498), dressings/bandage (12,497) and diapers (12,499). 4.2) Supply of medicines (12,484), which is subdivided into oncology (12,496), registered with Anvisa (12,492) and without registration with Anvisa (12,493). It is noteworthy that the matter registered with Anvisa (12,492) is subdivided into non-standard (12,495) and standard (12,494). 4.3) hospitalization/ transfer (12,483), which is subdivided into ward/oncology bed (12,505) and intensive therapy unit (ITU)/intensive care unit (ICU) (12,506). 4.4) Unified Health System (SUS) (12,511), which is subdivided into Social Control and Health Councils (12,518), medical agreement with SUS (12,512), SUS financing (12,513), SUS table adjustment (12,514), transfer of SUS funds (12,515), SUS reimbursement (12,516) and SUS outsourcing (12,517). 4.5) Medical-hospital treatment (12,491), which is subdivided into consultation (12,500), dialysis/hemodialysis (12,504) and surgery (12,501). It is noteworthy that the subject of surgery (12,501) is subdivided into elective (12,502) and urgent (12,503). 4.6) Health and Epidemiological Surveillance (12,519). 5) Supplementary (12,482), which is subdivided into Health plans (12,486) and the latter is subdivided into supply of inputs (12,490), supply of medicines (12,487), contractual adjustment (12,488) and medical-hospital treatment (12,489). In addition, it is worth mentioning that there is no difference regarding the protocol of actions on public or private health, both of which must be filed electronically in compliance with Provision No. 22/2010 and the Judicial Normative Consolidation, both of which are of this Court. |
Yes, it is possible given that the lawyer subscribing to the petition must provide the matter when filing the action under the caput of article 170-F of the Judicial Normative Consolidation with wording amended by Provision No. 22/2010 and, therefore, may be mistaken in the choice of matter. |
2) If they consider it necessary, they make adjustments with rectification of the data, to match the reality of each court. This process should be confirmed (ratified or rectified) in advance with the answer to the following question: Does this Court confirm the appropriateness of the results presented in the light of your particular reality? This is a subjective data, not recoverable in the virtual procedural control system. 3) Update of the answers of the Court of Justice considering the reality until May 2021, with a view to greater contextualization and comparison with the context of January 2019. In this sense, I request the demarcation of the existence or not of eventual changes and, if any, the specification. The system of electronic petitioning and monitoring of electronic processes remains similar to that used in January 2019, based on Provision No. 22/2010 and Judicial Normative Consolidation. |
In view of the foregoing, therefore, this Civil Division contends that the responses be forwarded to the requesting party of this Electronic Information System (SEI), remaining available for the provision of more information. |
Distrito Federal (DF) |
The system performs the class and subject configuration to establish and fix the initial competency. For health competence, currently the system associates the class Common Civil Procedure (7), associated with the subjects of the tree of the table SGT of the CNJ of Health Law -12,480, always using the subjects children or father, from the 3rd level. The SGT table has tree branches dealing with public health matters (12,481) and supplementary health matters (12,482). Link to access and consult the SGT table of the CNJ: www.cnj.jus.br/sgt |
If the lawyer, attorney-in-fact or public defender, when filing an initial with a class and matter incompatible with civil jurisdiction, the case may be referred to Public Treasury jurisdiction. In these cases, the magistrate will analyze the request and when identifying that it is a health issue, determine the reclassification of the process and the redistribution to the specialized health court. |
Considering that the Court of Justice of the Federal District and Territories (TJDFT) implemented the PJe in all jurisdictions (Civil, Criminal, Family, Orphans and Successions, Special Civil and Criminal Courts, Domestic Violence Courts, Childhood Court and others), the distribution service was deactivated, being under the responsibility of the judicial units the prior analysis of the classification of the deeds. TJDFT is also developing a system that uses Artificial Intelligence to assist our users with the correct classification of processes. Currently, the robot is implemented in 11 pilot units. |
Espírito Santo (ES) |
It uses the System of Unified Procedural Tables (TPU), established by Resolution No. 46/2007 of the National Council of Justice – CNJ, available at: https://www.cnj.jus.br/sgt/consulta_publica_classes.php |
It is indeed possible. There are no specific rules linking competence to subjects. The update/correction, however, can be done at any time by internal users of the system, with different profiles, such as protocol, distribution, notaries and/or offices. |
The system makes it possible to make the adjustment by the profiles described in item (ii), but we cannot say whether they are carried out. |
Minas Gerais (MG) |
In the PJe, when distributing the case, the lawyer will choose the class and subject that best suits the intended situation. Several subjects will be presented for distribution and, if there is accumulation of supplementary and public health issues, it will be presented for which competence it wishes to distribute, whether Supplementary Health, State Public Health and Municipal Public Health. When making the choice, the process will be registered in the indicated jurisdiction and directed to the 2nd Civil Court or 2nd State Public Treasury Court or 2nd Municipal Treasury Court, respectively, in the case of for example the district of Belo Horizonte. In Projudi, the lawyer/terminated person will choose the competence first and after the class and subject, so the chances of distribution to the incompetent court are minimized. The competencies that deal with health in Projudi are: Special Civil Courts of Consumption and Special Civil Courts of the Public Treasury. |
Yes, because the distribution is made by the lawyer, that is, it is up to him to choose the appropriate competence, class and subject, and can be done mistakenly, as for example, in common justice if the Common Procedure class (7) is chosen with different health issues, the system will never present as a possible competence the health and the process will be registered in a different competence from the health. Consequently, it will be very likely to be distributed to a court that is not competent, in accordance with Resolution 829/2016, for judicial districts that have more than one civil and treasury court. On the other hand, if there is the choice of a health subject (supplementary or public), the PJe system will display among the alternatives of competence the health ones according to the indicated. |
The rectification of the registration of the shares is made by the secretariat at the time of issuance of the Screening Certificate, pursuant to art. 195 of Provision No. 355/CGJ/2018, since the distributor does not have access to the processes already distributed. In this situation, currently, even if there is a rectification of the matter, the jurisdiction in which the process was distributed will not be changed, due to the current functioning of the PJe System, which does not occur in PROJUDI. Improvement on this point, alteration/rectification of competence in distributed processes has already been requested from the CNJ and awaits development. |
São Paulo (SP) |
As for classes and matters, the Court of Justice of São Paulo is adhering to the Unified Procedural Tables of the National Council of Justice, which standardize the petitions of initials in the courts of the country, including the matters that constitute the tree of “code 12,480 – Health Law”. |
The system allows the linking of the subjects “Administrative act or Annulment” during the electronic petition of an action under the jurisdiction of the Public Treasury, even if the content of the request is related to health. This is because the subjects codes “11,899 – Administrative Act” and “10,382 – Annulment” belong to the tree of the parent code “9,985 – Administrative Law and Other Matters of Public Law”, which is linked to the competence of the “Public Treasury”; the same happens, for example, with the subjects that belong to the trees of the parent codes “1,156 – Consumer Law”, “8,826 - Civil and Labor Procedural Law”, “9,633 – Child and Adolescent Law”, among others. |
The distributions of the initials sent via electronic petition occur automatically, without manual interference from the distributors. If necessary and if it is the magistrate’s understanding, the destination notary of that distributed action may make corrections to the data registered at the time of the petition. |
Paraná (PR) |
There is no specific treatment for processes classified with health issues in the Projudi system. |
The Projudi system has the configuration of enabling classes and subjects by competencies. Once the specified subject is configured in the competence (area of sticks), there would be no impediment to protocolization. |
The Projudi system allows the registry to change the class, main and secondary subject of the proceedings at any time. |