THE ABUSE OF RIGHTS ON DEMANDS OF IMPROPER REGISTRATION IN CREDITS PROTECTION AGENCIES

Abstract

The abuse of rights question has become a constant in nowadays on Justice System. The fact is, although the creation of Special Courts has democratized access to justice, it has also triggered an opposite effect, that is the abuse of the right to action. This is because, it is not at all difficult to find in the demands of the Special Civil Courts, adventurous litigants who use the right of action, in an abusive and unreasonable way, supported by the unnecessary lawyer's representation and the exemption from paying procedural costs and attorney's fees, change the truth of the facts, and through untrue actions, seek to obtain undue advantages. On this way, it is sought to establish throughout the research, the litigants' accountability on reckless demands for abuse of rights. The discussion, however, rests in the lack of application of the penalty measure to reckless litigants, especially when it comes to the application of fine for litigation on bad faith in the Special Civil Courts, which is still short.Therefore, the effective application of a punishment to abuse of rights is analyzed, precisely on the demands of improper registration on credit protection agencies, where is a recurring number of cases.