O impacto de ações predatórias de empréstimos consignados em benefícios previdenciários de idosos no abarrotamento do TJ-PI: uma análise de mecanismos de controle e prevenção

Abstract

This undergraduate thesis examines the impact of predatory practices involving payroll- deductible loans on the social security benefits of elderly individuals and how these practices contribute to the overload of the Court of Justice of the State of Piauí (TJ-PI). The study seeks to understand in what ways such actions intensify judicial congestion and to identify the control and prevention mechanisms that have been implemented to address them.The research is grounded in the recognition that predatory litigation represents the abusive and large-scale use of the right to legal action, thereby distorting the purpose of judicial proceedings and undermining constitutional principles such as good faith, the reasonable duration of the process, and access to justice.A qualitative methodology with an exploratory and descriptive approach is adopted, based on bibliographical and documentary research. The sources include legal doctrine, legislation, and normative acts, as well as institutional reports issued by the National Council of Justice (CNJ), the Intelligence Center of the State Court of Piauí (CIJEPI), and the Federal Court of Accounts (TCU). Judicial precedents are also analyzed, such as Theme 1198 of the Superior Court of Justice (STJ), which consolidates the understanding regarding precautionary measures applicable in cases of suspected abusive litigation. The study identifies that the mass filing of lawsuits related to payroll-deductible loans—many of which are initiated without the actual consent of the claimants—has caused significant congestion in the TJ-PI, undermining procedural celerity and the effectiveness of judicial protection. It also reveals that retirees and pensioners are the primary victims, a situation that highlights their hyper- vulnerability and the violation of the dignity of elderly individuals.The research emphasizes the importance of measures adopted by the TJ-PI, such as Technical Note No. 06/2023 and the implementation of the procedural intelligence system (DATACOR), which enable the identification of patterns of predatory litigation and the application of preventive actions.The study concludes that confronting this phenomenon requires coordinated efforts among the Judiciary, the legal profession, and consumer protection entities, aiming to balance legitimate access to justice with the need to curb abuses that undermine institutional efficiency and public trust in the judicial system.