Litigância predatória (abusiva) e a atuação do centro de inteligência do Tribunal de Justiça do Tocantins: análise interdisciplinar e proposta de protocolo para combater esse fenômeno

Abstract

This dissertation analyzes the phenomenon of predatory litigation in the Brazilian judicial system and the strategic actions of judicial intelligence centers in combating it, constituting a situation analysis. The study aimed to critically evaluate the performance of the Intelligence Center of the Precedent Management Nucleus of the Tocantins State Court of Justice (TJTO), verifying the alignment of its strategies and technical notes with doctrinal references and best practices, identifying gaps and proposing a specific combat protocol. To this end, the methodology employed a qualitative and exploratory approach, using bibliographic review and documentary analysis of national resolutions, relevant jurisprudence, technical notes from various state intelligence centers, and TJTO reports. The results confirm that predatory litigation is a complex and harmful reality, distinct from legitimate mass litigation, characterized by the abusive and repeated use of procedural mechanisms to obtain undue advantages, resulting in judicial overload, delay, and erosion of public trust. Although there is a terminological divergence between the Superior Court of Justice, which prefers “abusive litigation,” and most state courts, which still use “predatory litigation,” the practical impact of the phenomenon is undeniable. It is concluded that CINUGEP's proactive performance, based on data analysis and inter-institutional cooperation, is fundamental for judicial efficiency, but its effectiveness can be greatly optimized by implementing a structured protocol that systematizes best practices and addresses the identified limitations, ensuring the integrity and celerity of jurisdictional provision.