Acesso inautêntico à justiça no Brasil: a instrumentalização da litigância predatória e seus efeitos deletérios ao poder judiciário

Abstract

The purpose of this article is to investigate the instrumentalization of predatory litigation in the Judiciary. The problem lies in the need to observe the severe impacts that artificial disputes cause to the jurisdictional apparatus and how it creates methods of containment to stop persistent prodigality. The analysis constructed used the hypothetical deductive method, through the contribution of an appreciative procedure, to achieve the formation of a consolidated understanding. As a relevant contribution, it was found that even with efforts orchestrated by the National Council of Justice to curb Predatory Litigation, the constant amplification of fraudulent processes is notable, leading to the weakness of the judicial machinery and, consequently, inauthentic access to justice.