Predatory litigation in the enforcement proceeding

the predatory request for bankruptcy by the creditor

Abstract

The term predatory litigation has been gaining notoriety since the Superior Court of Justice started the judgment of the Multiple Special Appels Theme 1,198. Usually, however, predatory litigation is addressed as something that involves the practice of abusive or fraudulent actions by the parties or their lawyers in the cognitive proceedings and mass litigation, ignoring that the phenomenon can also occur in other procedural phases and regardless of the number of filed lawsuits. This article, therefore, aims to give a new focus to predatory litigation, addressing its occurrence also in enforcement proceedings, especially, the predatory request for bankruptcy by creditors.