Superior Court of Justice rules that creditor may notify fiduciary debtor by email

On April 23, 2025, the Fourth Panel of Brazil’s Superior Court of Justice (STJ) ruled that extrajudicial notification sent by email is valid if the creditor can prove it was received at the email address provided in the fiduciary sale agreement. This decision expands the legally recognized methods for establishing debtor default and embraces modern communication tools. Justice Antonio Carlos Ferreira stated that requiring new regulations for every technological advancement would hinder the effective use of developed communication means.

The case involved a financial institution that lent money to a consumer for the purchase of a good. After the borrower failed to pay several installments, the bank notified her via the email address specified in the contract—a method the STJ (Special Appeal 2.183.860) deemed legitimate and sufficient to establish default.

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