Judicial Recess 2026: When Brazil’s Courts Resume Activity

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

The 2026 judicial recess (recesso forense) suspends the activities of Brazilian courts between December 20 and January 20, with specific rules on procedural deadlines and the handling of urgent matters.

What the Judicial Recess Is and When It Occurs

The judicial recess (recesso forense) is a period during which court activity is suspended, as provided in Article 220 of the Code of Civil Procedure (CPC). During this period, which runs from December 20 to January 20, no hearings or trial sessions are held, and procedural deadlines are suspended. The purpose is to give legal professionals a rest and to allow the courts to take care of administrative organization for the coming year.

It is important to distinguish the judicial recess from the judiciary’s collective vacations. Although the practical effect is similar for the parties and their lawyers, the legal basis is different. The recess is established in procedural legislation, while collective vacations are governed by the judicial organization laws of each court. The STF (Brazil’s Federal Supreme Court), for example, has its own calendar, which may not fully match the recess set by the CPC.

For 2026, the judicial recess follows the standard set by law: it begins on December 20, 2025, and ends on January 20, 2026, with full activity resuming on January 21. Any procedural deadline that falls during this period is automatically extended to the first business day after the recess ends.

What Keeps Operating During the Recess

Even though ordinary activity is suspended, the judiciary maintains an on-duty system during the judicial recess to handle urgent measures. A duty judge (juiz plantonista) reviews habeas corpus petitions, writs of mandamus (mandados de segurança) against acts of public authorities, urgent injunctions and other matters that cannot wait for normal activity to resume.

The purpose is to give legal professionals a rest and to allow the courts to take care of administrative organization for the coming year.

The administrative offices of the courts may also operate with reduced staff during the period. Electronic filing through the PJe system (Brazil’s electronic court filing system) generally remains available, although the counting of deadlines stays suspended. Lawyers may file petitions during the recess, but the deadline count will not resume until after January 20. Learn more about the 2026 elections guide

Each court publishes its own administrative order (portaria) detailing how it will operate during the recess, including duty-desk hours, channels for reporting urgent matters and any continuing essential services. Lawyers are advised to check the orders issued by the courts where they practice so they can plan their work properly for this period.

Even during the judicial recess, the judiciary keeps a duty system in place to handle urgent measures such as habeas corpus, writs of mandamus and injunctions that cannot wait for normal activity to resume.

Impact on Procedural Deadlines

The suspension of procedural deadlines is one of the most significant effects of the judicial recess for the legal profession. Deadlines already running on December 20 stop being counted and resume on the first business day after January 20. Deadlines that would begin during the recess start to run only once activity resumes.

This rule applies to procedural deadlines in the strict sense, not necessarily to deadlines of a substantive or administrative nature. Statutes of limitations and forfeiture periods (prazos prescricionais e decadenciais), for example, continue to run during the recess, so lawyers with cases involving substantive deadlines that expire during this period need to be especially careful.

Lawyers should also bear in mind that the period between November and the first half of December sees a heavy volume of hearings and trials, because the courts try to close as many cases as possible before the break. This crowded docket can create a buildup of work for legal professionals.

Planning for the Recess Period as a Lawyer

As the judicial recess approaches, lawyers and law firms need to take practical steps to avoid harming their clients. The first step is to identify every case with substantive deadlines that keep running while court activity is suspended, such as statutes of limitations and forfeiture periods. Creating a tracking spreadsheet with the deadline dates for each case helps identify situations that require action before the recess begins.

Another important point is communicating with clients about how the judiciary operates during this period. Many people do not realize that their cases will be on hold for approximately 30 days, and they may worry about the lack of activity. A lawyer who tells clients in advance about the suspension of deadlines and the schedule for resumption shows transparency and avoids unnecessary questions during the recess.

The recess can also be used strategically for the firm’s internal organization. Reviewing cases, updating pending petitions and studying new legal arguments are tasks that find room when the courts’ routine slows down. In addition, checking the court’s calendar for the following year in advance makes it possible to plan hearing schedules and set priorities for the first months after court activity resumes.

Frequently Asked Questions

Are procedural deadlines suspended during the judicial recess?

Procedural deadlines are suspended between December 20 and January 20 and resume on the first business day afterward. However, deadlines of a substantive nature, such as statutes of limitations and forfeiture periods, continue to run normally.

Can I file petitions during the recess?

The electronic filing system generally remains available during the recess. Petitions can be filed, but the counting of any related deadlines will begin or resume only after the suspension period ends.

What should I do in an emergency during the judicial recess?

Urgent measures such as habeas corpus, writs of mandamus and injunctions are handled by the duty judge. Each court publishes an administrative order with the hours and contact channels for the duty service during the recess.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.