PREDATORY LITIGATION
ETHICAL AND LEGAL CHALLENGES FACED BY THE JUDICIARY IN CONTROLLING THIS PRACTICE
DOI:
https://doi.org/10.14295/revistadaesmesc.2025e465Keywords:
Ethical challenges; legal challenges; predatory litigation; brazilian bar association; judiciary.Abstract
This article analyzes predatory litigation and the ethical challenges faced by the judiciary in controlling this practice. This phenomenon uses the Judiciary to violate legal guarantees granted to individuals and, thereby, increase profits. In addition, the article discusses the definitions, characteristics, and consequences of the predatory use of the legal profession, in addition to presenting an alternative for confronting this phenomenon. Some concepts of predatory litigation were identified,namely: a) legitimate litigants; b) serial litigants; and c) abusive litigants. Among the harmful consequences of this phenomenon, the following stand out: the overload of the Judiciary, lack of efficiency on the part of judges and public servants, increased costs, and procedural delays. Finally, the control mechanisms present in the 2015 Code of Civil Procedure were examined, as well as the role of the Judiciary in preventing and protecting against this phenomenon. The research showed how compensation for bad faith litigation can be used in actions arising from predatory use.
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