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The judge stressed the importance of caution by judges and the need to ensure the fairness of proceedings to prevent abuse of the right to action.

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Friday, July 5, 2024

 

Updated at 12:19

 

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hich the plaintiff contested payroll loans.

 

Judge Gabriel Almeida de Caldas understood that procedural irregularities, such as the absence of an original and updated power of attorney, granted by an illiterate person and the lack of bank statements, evidenced procedural fraud.

 

In this case, the lawyer filed a lawsuit representing the bank's client, alleging that the financial institution had provided a payroll loan and charged fees on the woman's income, without authorization.

 

Upon receiving the action, the judge ordered that the initial complaint be amended within 15 days, with the presentation of essential documents for the regular progress of the process, such as bank statements and an updated power of attorney. The order, however, was not met.

 

 

 

Judge saw signs of predatory litigation and dismissed lawsuit without ruling on merit. 

Combating predatory litigation

 

When analyzing the lawsuit, the judge emphasized the need to combat predatory litigation in the Judiciary, which has suffered from fabricated lawsuits. The judge highlighted characteristics of the abusive practice, such as the massive filing of standardized lawsuits, often on behalf of vulnerable people, aiming for illicit gains.

 

He stressed that the practice has been monitored by the CNJ since 2022, aiming to reduce the courts' caseload ( ordinance 250/22 ).

 

He highlighted that the TJ/MA established CIJEMA -  State Justice Intelligence Center, linked to the TJ/MA Precedents Management Committee, to prepare technical notes detailing abusive practices and proposing solutions to avoid excessive judicialization.

 

Monitoring found that the lawyer in the case has 1,353 cases distributed in the State  in the last four years, 115 in the district of  and 55 of them in the first three months of 2024.

 

As the lawyer does not even have an office based in PI, since his official address is in PI, the suspicion was raised by the magistrate.

 

" Based on monitoring of the proceedings and the conduct of the lawyers above, it is observed that in all proceedings filed in the District. the professional uses initial petitions with frivolous narratives, in which he reports that the plaintiff denies or does not remember having entered into the loan or contract with incidence of fees questioned in the proceedings; the entry document is not accompanied by the bank statement for the period of the loan in question; there is a single power of attorney with powers to receive and give discharge possibly granted by the plaintiff and reproduced in all actions; in most cases, the presentation of personal and updated documents in the name of the person under jurisdiction is missing; in almost 100% of cases, a waiver of the conciliation hearing is requested and almost all of the plaintiffs are elderly, vulnerable and many are illiterate. "

 

Caution

 

In his decision, the judge also emphasized that the judiciary has the power of caution, recognized by the STJ ( 2,021,665 and theme 1,198 ). Thus, judges can adopt measures to ensure the regularity of proceedings and prevent abuse of the right of action.

 

Read more

STJ begins to judge predatory litigation; view postpones analysis

 

In this case, the unfulfilled requirement to amend the initial document and present additional documents were seen as necessary measures to ensure the fairness of the process.

 

" [...] despite being duly summoned to comply with the order, through its lawyer, the requesting party did not carry out the suggested steps, limiting itself to requesting an extension of the deadline using the same generic arguments in different actions by different authors. "

 

In the end, the judge dismissed the initial claim and extinguished the action, without resolving the merits, ordering the communication of the decision to CIJEMA for investigation of the case.

 

Process: 0800542-69.2024.8.10.0137

 

 link: https://www.migalhas.com.br/quentes/410754/narrativas-frivolas--juiz-extingue-acao-por-litigancia-predatoria