New normative act sets criteria for identifying and preventing abusive litigation practices in the Brazilian judiciary, aiming for enhanced efficiency and integrity in the judicial system
On October 22nd the Plenary of the National Council of Justice (CNJ) approved Normative Act No. 0006309-27.2024.2.00.0000, establishing criteria and guidelines for Judges and Courts to identify, address, and prevent abusive and/or predatory litigation.
Since 2018, the Supreme Federal Court (STF), in ruling on Direct Actions of Unconstitutionality (ADIs) 3.995, 6.792, and 7.005, has identified instances of judicial harassment, allowing, as a preventive measure, the consolidation of all related actions within the jurisdiction of the respondent's domicile.
In 2020, the CNJ issued Resolution 349, creating the Judiciary Intelligence Center (CIPJ) and a network of Judiciary Intelligence Centers, which, through technical notes and reports, monitor and raise awareness about the proliferation of abusive litigation. In 2022, Recommendations 127 and 129 further guided Courts on curbing abusive judicial practices.
Over the past six years, the Brazilian judiciary has shown increasing concern over abusive litigation, a practice that significantly contributes to the backlog of cases, impacting not only judicial efficiency and quality but also the country's economic development. This phenomenon leads to increased public expenses and discourages investments, thus amplifying risk.
The recently approved Normative Act includes, in its annexes, an illustrative list of abusive behaviors and countermeasures, such as:
Procedural Conducts Considered Abusive:
- Lack of essential documents to support claims
- Generic and repetitive allegations
- Sponsorship of a significant volume of cases by a small number of professionals
- Multiplicity and similarity of rights assignment instruments
- Unjustified requests for free legal assistance
Measures to be Adopted Against Abusive Litigation:
- Consolidation in the jurisdiction of the respondent's domicile
- Notification of the Brazilian Bar Association (OAB) when signs of improper client solicitation are detected
- Measures to prevent unjustified fragmentation of claims
Measures for Courts:
- Integration of data systems
- Cooperation among Courts and entities that comprise the Judiciary
The Act's impact is expected to resonate across all levels of the Judiciary, with adherence to its recommendations likely resulting in a reduction in the volume of cases in the coming years.
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