Excesso de Litigância e Demandas Repetitivas: um Desafio para o Judiciário Brasileiro

Abstract

The aim of this paper is to point out the current process of excess litigation in Brazilian Judiciary, putting a spotlight on the phenomenon of repetitive demands. It is verified that when reiterating individual lesions, the Public authorities, public and general service providers generate an abusive and predatory use of the Legal System of Brazil, feeding slowness, inefficiency, lack of effectiveness, which compromises the access to justice and contributes to the country inequality.

Analyzing recent reforms, it is concluded that those initiatives will not be able to solve the problem of repetitive demands. The reinterpretation of the constitutional principle of non-obviation of jurisdiction has been defended so that the idea of subsidiarity via judicial process as a way to strengthen practice of citizenship and break the deep-rooted culture on judicialization of conflicts can be extracted. It is outlined the lack of suitable procedural instruments and a base related to principles dedicated to the solution of repetitive demands. It is therefore proposed to create an Intelligence Center that connects multiple instances of Brazilian Judiciary, identifies and analyzes the reasons of excess judicialization of repetitive demands, and promotes an effective monitoring of the constitution of litigations with this profile, expecting collective solutions, preferably pretrial and consensual, as of improvement of interinstitutional dialogue. The adoption of the multiport concept is defended, promoting targeting of conflicts to more effective methods of pacification as a way of appreciation of citizenship, isonomy procedure, repetitive demands prevention and, therefore, better distribution of justice in the country.