A recent judicial order from Justice Alexandre de Moraes of the Brazilian Supreme Court directed that judicial notice be served on X (formerly Twitter) through a post from the Court’s official profile on the platform, addressed to businessman Elon Musk. This unprecedented move has triggered surprise and debate within Brazil’s legal community, given the lack of regulation on such matters.

Judicial notices, like summonses, are governed by the Brazilian Code of Civil Procedure, which prescribes strict rules to ensure that the recipient is properly notified. Any procedural misstep in serving notice can lead to claims of incurable nullities, as the right to be informed is fundamental to exercising the right to defense—an essential pillar of the Democratic Rule of Law and due process.

Yet, with social media becoming increasingly integral to daily life, the use of these platforms for judicial notice seems inevitable. This development is supported by the principle of procedural flexibility, which prioritizes substantive results over rigid procedural formalities that may be outdated and incompatible with modern technology, enhancing the effectiveness of judicial proceedings and communication.

Nonetheless, it is unlikely that this will remain an isolated precedent. The matter should be carefully monitored as it continues to develop.