DETERMINING FACTORS AND DETERRENT INSTRUMENTS OF THE FRIVOLOUS LITIGATION

This article aims to analyze frivolous litigation as a procedural phenomenon that generates partial unfeasibility of access to justice to those who really have serious claims. At first, we start from the conceptual and methodological premises of the economic analysis of law to present introductory notions of frivolous litigation. Next, we analyze the instability of jurisprudence and the abusive use of the litigation gratuitousness as factors that stimulate frivolous litigation. Finally, we examine some instruments created by the Code of Civil Procedure to inhibit this frivolous behavior.