Litigância de má-fe: a necessidade do contraditório efetivo para a concretização de um processo justo

Abstract

The present work aims to outline the contours of the current abuse of rights ducts, more specifically in the context of litigation in bad faith. Aims to analyze the principles, theories and concepts inherent to it, forms of condemnation, and the exposure of their current problems and prospects. For this, we performed the research in books, articles, materials found on the Internet, Master's and PhD as well in the Brazilian judicial framework . There is evidence of the primary source, which is the Master Thesis of Judge Ana Lucia Iucker Meirelles de Oliveira, entitled " Litigation in bad faith ." The conclusion of the study will clarify that it is essential to adopt a specific procedure for the condemnation of Bad Faith Litigation , both to prevent it , how to restrain it , because the due process depends on the delivery of all constitutional guarantees for materialize.