Estudo sobre a possibilidade de aplicação da teoria do design de sistema de gestão de conflitos para tratar a litigância predatória em Juizados Especiais

Abstract

This work was prepared as a result of research that initially aimed to formulate a system design to deal with predatory litigation in a Special Court in Belo Horizonte/MG, aiming to measure whether, after its implementation, there would have been a reduction in the congestion rate of legal proceedings in progress there. Given the time spent with a fruitless attempt to locate organized data on predatory litigation in a specific judicial unit of the chosen type, the objective was changed and the research ended up being directed to answer whether the theory of conflict management system design could be used to deal with predatory litigation in Special Courts. To this end, with the adoption of normative analysis and bibliographical review, a brief study was carried out on the purposes of Special Courts, some numbers were found about them, predatory litigation was conceptualized and the main elements of the theory of design of treatment systems and conflict resolution. As a result, it was found that this theory can help in the treatment of predatory litigation in Special Courts because it allows the identification of agents who practice repetitive or fraudulent litigation, the conduct and the way in which they usually practice it, so that measures can be taken to reduce or curb it. So much so that it was possible to identify the adoption of these procedures in the System that the Court of Justice of Minas Gerais (TJMG) designed to deal with predatory litigation in the State of Minas Gerais, aimed at diagnosing and curbing it, as has been done, including , with the help of the RADAR System, which allows the identification of repetitive case trials, by the Minas Gerais Justice Intelligence Center (CIJMG), created by TJMG Resolution n. 969/2021, which has been carrying out studies and issuing guidelines to judges and employees of the state Judiciary to try to identify the litigation studied with a view to its restraint or reduction, as done in Technical Note n.1 and by the Demand Profile Monitoring Center (NUMOPEDE) established by TJMG Ordinance n. 5,029/2017, which aims to detect and treat fraudulent demands.