Entre a boa-fé e a má-fé: estratégias para identificar recursos com caráter meramente protelatório

Abstract

This paper addresses the issue of procedural remedies, focusing on good faith and bad faith in judicial proceedings, as well as delaying remedies and their implications for the effectiveness of justice. Initially, the concept and nature of procedural remedies are presented, highlighting their importance in the legal system. Next, good faith is analyzed, which refers to the legitimate expectation of ethical behavior on the part of the parties involved, in contrast with bad faith, which encompasses unfair and abusive practices in the use of remedies. The section on delaying remedies defines their characteristics and the negative impact they have on the progress of the proceedings. The text explores legal and jurisprudential aspects related to delaying remedies, emphasizing the need for protection against abuse. Additionally, mechanisms to combat abuse of the right to appeal are discussed, highlighting the importance of holding the parties accountable. The impact of delaying remedies on the effectiveness of justice is a crucial point, since procedural delays can compromise the right of access to justice. The doctrinal approaches and proposals for improving the system seek solutions to minimize the inadequate use of resources. Finally, the work highlights the relevance of technology in identifying and preventing delaying resources, presenting innovations that can optimize the functioning of the judicial system. The conclusion brings together the main findings, suggesting that the combination of legal education, legislative improvement and the use of technology can contribute to a more efficient and fair judicial process