Procedural Harassment in Brazilian Civil Procedure
Name: BRUNA FIGUEIRA MARCHIORI
Publication date: 30/11/2023
Examining board:
Name |
Role |
|---|---|
| GILBERTO FACHETTI SILVESTRE | Advisor |
Summary: This research focuses on vexatious litigation in the context of Brazilian Civil Procedural Law. The general objectives of the research are to identify and systematize the requirements that configure vexatious litigation and to analyze the procedural techniques available to address it. Adopting a qualitative approach and using the inductive method, the research relies on the review of legal documents, consultation of specialized bibliography, and analysis of jurisprudence. This investigation aims to categorize vexatious litigation within the theory of procedural illicit acts, aiming at the identification of its constitutive elements. Through the analysis of the figures of Sham Litigation and Strategic Lawsuits Against Public Participation, true manifestations of false litigations in Common Law, it seeks to identify how the right to action can be instrumentalized to achieve illicit ends. The research identifies how the National Council of Justice (CNJ), the Judiciary and the Legislative Power have been addressing the issue of vexatious litigation, indicating the successes and failures in the approaches adopted so far, and proposing recommendations for more effective management of this phenomenon. Additionally, useful procedural techniques for efficiently dealing with vexatious litigation are presented. In this sense, the research formulates guidelines about the civil responsibility of the vexatious litigator and indicates how lis pendens, res judicata, and connection represent instrumental procedural techniques for dealing with harassment. Such considerations offer theoretical and practical contributions on the topic. By identifying the specific requirements of the phenomenon and systematizing appropriate procedural techniques, this research provides effective solutions for dealing with vexatious litigation, without sacrificing procedural guarantees of litigants, such as access to justice and the legitimate exercise of the right to action.
Keywords: Vexatious litigation; Procedural illicit acts; Abuse of Procedural Rights; Multiplicity of legal cases; Procedural techniques for addresing vexatious litigation.
