GRATUIDADE, LITIGÂNCIA EXCESSIVA E GASLIGHTING: RESPONSABILIZAÇÃO PERVERSA DOS VULNERÁVEIS E RESTRIÇÃO DO ACESSO À JUSTIÇA

GRATUITY, EXCESSIVE LITIGANCE AND GASLIGHTING: PERVERSE RESPONSIBILITY OF VULNERABLES AND RESTRICTION OF ACCESS TO JUSTICE

Abstract

The present work intends to analyze a crusade against the gratuity of justice and its standars (or the lack of them), under the narrative that “riskless litigation” would be the cause of excessive judicialization and congestion of the lawsuits, in yet another episode - among many - whose script places excess public spending and vulnerability at the center of the discussion. The Projects 5900/2016 and 6160/2019, which are being processed by the Chamber of Deputies, defend this perspective. To investigate the alleged correlation between gratuity and excessive litigation, the data released by the National Council of Justice, from 2015 to 2019, were analyzed regarding the expenses of the Judiciary, the percentages of granting gratuity and also about the profile litigation in Brazil. In addition, a parallel will be drawn between the litigation profile and the average income of the Brazilian population, released by IBGE, with emphasis on the scenario of intense inequality and its implications. Based on this, using the hypothetical-deductive method, the work aims to refute the false premises on which the bills are based, demonstrating that the relationship between excessive litigation and gratuity is not sustained, and that such discourse, in fact, represents a clear measure of political Gaslighting to exempt the State from its responsibility towards fundamental rights and, at the same time, to hold the vulnerable responsible for their own vulnerability, against the democratic perspective of access to justice.