It is void Postal Service of natural person if warrant was received by third party

The understanding of the 3rd Class of the STJ is that the possibility of the citation letter being received by a third person only occurs when the Citing is a legal entity.

The rapporteur, Minister Marco Aurélio Bellizze, explained in the vote that the citation of an individual by mail occurs with the delivery of the citation letter directly to the citing, whose signature must appear in the respective receipt notice, under penalty of nullity of the act, in accordance with the provisions of CPC/15.

Bellizze pointed out that the fact that the postal Service was sent to the commercial establishment where the appellant carries out its activities is not sufficient to depart from the procedural norm, especially since there is no way to be sure that the defendant has actually taken notice of the injunction filed against him.

“The possibility of the citation letter being received by a third person only occurs when the Citing is a legal entity, in accordance with the provisions of paragraph 2 of Article 248 of the CPC/2015, or in cases where, in condominiums or allotments with access control, the delivery of the warrant is made to the official of the ordinance responsible for receiving the correspondence, as established in paragraph 4 of said legal device, hypotheses, however, that do not subsume the present case.”
Marcus Aurelius Bellizz

See the decision:

Access decision