The deadlines in administrative proceedings are also suspended, similar to judicial deadlines (Article 5 of Resolution No. 313, dated March 19, 2020).
The Provisional Measure No. 928, dated March 23, 2020, ensured this suspension by inserting Article 6-C into Law No. 13,979, dated February 6, 2020.
Unlike judicial deadlines, which were suspended until April 30, 2020, the suspension of deadlines in administrative proceedings is conditioned on the duration of the state of calamity as provided by Legislative Decree No. 6, dated 2020.
Therefore, it is important to:
- know that, regardless of the suspension, individuals and private entities are allowed to submit their defenses/appeals/petitions during this period, if they wish to do so;
- understand that in urgent situations, the affected party has the right to have their requests for preliminary relief and suspension of actions considered by the administrative authority, in order to prevent harm and preserve their rights. If there is any administrative omission or denial, seeking judicial recourse remains an option;
- monitor the duration of the state of calamity and, as a precaution, follow the guidelines provided by the administrative agency/entity where the administrative proceedings are taking place. For example, the Administrative Council for Economic Defense (CADE) has already issued an informative note on its website (http://www.cade.gov.br/noticias/nota-informativa).