From vexatious litigant to procedural harassment: A comparative law approach to combating abusive litigation in family cases

Abstract

This article examines abusive litigation in Family Courts, understood as a form of gender-based procedural violence and an expression of post-separation coercive control. The general objective of this article is to demonstrate that abusive litigation in Family Courts constitutes an autonomous form of post-separation violence, requiring specific legal treatment that incorporates recent national doctrinal discussions and comparative law solutions. The methodology employed is a bibliographic and documentary review, with a qualitative and comparative law approach. The research is based on the analysis of Brazilian civil procedural doctrine, academic reports on the subject, as well as international publications such as the Domestic Violence Report. It also includes the examination of normative acts and judicial decisions of the National Council of Justice and the higher courts of Brazil. The study is limited to Brazilian family litigation, while proposing dialogue with foreign solutions to enrich the national debate and support legislative reforms and practical improvements. The results indicate that abusive litigation constitutes an atypical and systematic unlawful act, violating human dignity, and that the Brazilian legal system lacks preventive instruments. The conclusion reached is that it is necessary to adopt mechanisms similar to those applied to vexatious litigants, capable of curbing procedural harassment and ensuring that the process fulfills its pacifying function.