Entre o acesso à justiça e o abuso processual: a influência da ampliação do direito de ação sobre a litigância de má-fé e a litigância predatória

Abstract

The present study discusses the abuse of the right of action as a detrimental consequence of broad access to justice. It also examines the concepts of the right of action, bad-faith litigation, and predatory litigation, as well as how these concepts intertwine within the current context of the Brazilian judiciary, highlighting the differences between them. The research, conducted through the analysis of books and other academic works, addresses the hypotheses that define bad-faith and predatory litigation, as provided for in the Code of Civil Procedure, and, finally, presents the possible sanctions resulting from the conviction of parties that engaged in dishonest conduct to the detriment of the opposing party.