A cultura do litígio judicial: uma análise crítica acerca dos impactos da litigância excessiva nos indicadores de eficiência e acesso à justiça mediante os relatórios “Justiça em Números” do Conselho Nacional de Justiça

Abstract

This study addresses the issue of excessive litigation and its impacts on the justice system, focusing on a critical analysis of the culture of procedural litigation. To realize this objective, the bibliographic review focused on addressing access to justice and how the culture of procedural litigation impacts the legal system. As a mechanism to corroborate the research proposal, a study of statistical data from the National Council of Justice (CNJ), issued in the Justice in Numbers reports, was applied in parallel to the theoretical framework. Through this approach, sought to understand the causes and consequences of this culture and how it affects the brazilian legal scenario. The research will be structured in chapters that address the culture of procedural litigation, the effects of excessive litigation on the functioning of the justice system and possibly on the effectiveness of the provision of justice, however without establishing the principle of procedural speed as absolute. Thus, it becomes extremely important to analyze excessive litigation from a critical perspective, identifying the obstacles that compromise the efficiency and effectiveness of access to justice. Finally, the study seeks to conduct na in-depth analysis of the culture of litigation and its impact on the Judiciary, with the aim of promoting reflection on the need to adopt practices that encourage self-composition and the search for extrajudicial solutions. Therefore, by exploring possible solutions to excessive litigation and proposing alternatives that aim to improve the culture of conflict resolution, this study also contributes to the construction of a more effective, accessible justice system that is aligned with the demands of contemporary society.