OFFENSIVE LITIGATION IN BRAZILIAN CIVIL PROCEDURE: LIMITS TO THE RIGHT OF DEFENSE

Abstract

This study aims to examine the phenomenon of offensive litigation in Brazilian civil procedural law, understood as the use of aggressive, disrespectful, or derogatory language in procedural proceedings. Although not expressly typified in the 2015 Code of Civil Procedure, such conduct can be inferred from a systematic interpretation of the duties of objective good faith, cooperation, and procedural loyalty. The research adopts a qualitative methodological approach, of a theoretical-dogmatic nature, based on bibliographic review and normative analysis. It is found that offensive litigation constitutes a form of abuse of the right to defense, which may give rise to procedural, civil, criminal, and disciplinary consequences. It is concluded that the repression of such conduct is essential for the preservation of the dignity of justice and for the consolidation of a cooperative model of civil procedure.