PREDATORY ACTIONS: an analysis of the impacts on the principles of dialecticity and free access to justice in light of the internal regulations and jurisprudence of the Court of Justice of the State of Tocantins

Abstract

This research aims to identify how predatory lawsuits can impact the application and protection of the fundamental principles of free access to justice and dialecticity. The aim of this research is to verify how predatory lawsuits can impact the reasonable duration of proceedings and cause possible violations of the principles of dialecticity and free access to justice, based on a constitutional and procedural analysis of the Brazilian legal system. The relevance of this topic to the legal field arises from the dilemma of efficient jurisdictional provision and the challenge of controlling predatory lawsuits, since this practice can distort the social function of the judicial system, leading to an overload of processes and slow decisions. Thus, the study aims to evaluate how the Court of Justice of the State of Tocantins interprets and, consequently, applies the constitutional principles of dialecticity and free access to justice in cases involving predatory lawsuits, through a critical study of the Court's Internal Regulations and case law. To this end, the theoretical-deductive method was applied and the methodological path chosen was legal research, using exploratory research in legal literature, national legislation and case law, in addition to using a qualitative approach. As a result of the research, measures adopted by the Judiciary were identified with the purpose of preventing and curbing predatory lawsuits, without, however, harming the right of lawsuit (access to justice), through the installation of interconnected Intelligence Centers at the national level. This initiative demonstrates an assertive performance of the Judiciary in the management of demands, contributing to the reduction of procedural overload, greater speed and concern for legal certainty. It can be concluded, therefore, that combating predatory lawsuits demands a collective effort from the justice system. To this end, it is essential to ensure efficient communication and the standardization of practices among the competent bodies, in addition to promoting awareness among legal professionals about the responsible use of the right of lawsuit.