PROBLEM OF RECOGNITION OF PREDATORY LITIGATION IN THE CIVIL SPHERE: DIFFICULTY IN IDENTIFYING AND PREVENTING PREDATORY LITIGATION IN THE SMALL CIVIL COURT, 11TH COURT OF THE DISTRICT OF NATAL-RN

Abstract

The objective of this study was to analyze the issue of predatory litigation in the area of Small Claims Court, more specifically in the 11th District Court of Natal, Rio Grande do Norte. This is a qualitative study based on legal instruments, doctrines, and case law, with an empirical analysis of legal proceedings. The research highlights the obstacles exposed by the judiciary in recognizing and repressing the deficiencies reported, which undermine the effectiveness of jurisdiction and access to justice. The analyzes throughout this work proved that, despite technological and regulatory advances, significant difficulties still persist in containing abusive practices that consist of the mass filing of standardized demands, devoid of minimal evidence. It is found that such practices burden the judiciary, compromising the speed of proceedings. Finally, it is concluded that effectively confronting predatory litigation requires the adoption of structural, legislative, and administrative measures, in addition to strengthening the sanctioning mechanisms provided for in the legal system, to guarantee the integrity of the justice system and the protection of fundamental rights.