A litigância predatória no sistema processual brasileiro e em especial no Tribunal de Justiça do Rio Grande do Sul.

Abstract

This paper analyzes the misuse of the right to legal action from the perspective of predatory litigation, investigating its theoretical foundations, repercussions in the Court of Justice of Rio Grande do Sul (TJRS), and mitigation strategies. The central problem lies in the intensification of this phenomenon in the Brazilian legal landscape, where the distortion of constitutional guarantees to obtain illicit advantages overburdens the Judiciary and compromises jurisdictional speed. Despite initiatives by the National Council of Justice (CNJ), such as the Intelligence Centers and NUMO-PEDE, a gap is identified in the integration of data between different courts, which hinders the tracking of interstate abusive conduct. The general objective is to propose the implementation of a technological extension, linked to the Google system, for the monitoring and integration of data within the TJRS, aiming to increase the effectiveness in combating these practices. Methodologically, the research seeks to distinguish mass litigation from predatory litigation, based on the principles of procedural good faith and cooperation. The justification is based on the social relevance of the topic, given that the artificial multiplication of lawsuits hinders access to justice and the reasonable duration of proceedings. It concludes that innovative and unified technological solutions are needed, capable of promoting the early detection of abusive patterns and supporting public and oversight policies within the national justice system.