Litigância abusiva: efetividade das ferramentas de enfrentamento do sistema processual civil

Abstract

This master's dissertation studies abusive litigation, with regard to the effectiveness of the tools used to combat it in the civil procedural system. In this sense, the research aims to understand the context and causes of abusive litigation, in order to deepen the understanding of the effectiveness of the measures adopted by the Brazilian legal system to contain this phenomenon, seeking to contribute to the development of a more just, efficient and less susceptible to abuse procedural system. The methodology used is a qualitative, descriptive research – which focuses on the environment and instruments of Brazilian Civil Procedural Law –, involving the study with the performance of research through the analysis of documents, as well as the performance of bibliographic research, that is, discussions based on doctrinal, legislative and jurisprudential materials, as well as administrative data from technical notes and regulations of bodies of the justice system. The records will be related to bibliographic and documentary research, composing a triangulation of data sources, in order to cross-reference them for interpretation, thus supporting the research. This study therefore aims to offer a contribution in data and reflections for the debate on abusive litigation in Brazil, seeking to reflect on possible legislative improvements and judicial practices that ensure the effectiveness of the justice system and the full realization of the Social Democratic State of Law