Why the 'Haves' Come Out Ahead in Brazil? Revisiting Speculations Concerning Repeat Players and One-Shooters in the Brazilian Litigation Setting

26 Pages Posted: 17 Jan 2016

See all articles by Daniela Monteiro Gabbay

Daniela Monteiro Gabbay

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Paulo Alves da Silva

University of Sao Paulo - Faculdade de Direito

Maria Cecília de Araujo Asperti

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Susana Henriques da Costa

University of Sao Paulo - Faculdade de Direito

Date Written: January 15, 2016

Abstract

Galanter’s speculations regarding the configuration and advantages of repeat players in the litigation game have been extremely relevant to understand institution, rules and actors in North American litigation, as well as the reflection on the limits and potentialities of a redistributive approach to judicial litigation. This essay attempts to read the Brazilian litigation landscape by also reversing the end of the telescope, as Galanter proposed, and focusing in the players of the litigation game. Such approach seems utterly relevant, considering that recent reforms have purported the urgent need to deal with growing caseloads of individual repeated litigation filed for or against repeat players by one-shooters. The idea is to better understand these reforms considering the role played by the different actors of the system. Though also a speculative essay, it is possible to infer that repeat players enjoy great advantages in the Brazilian setting and are able to influence judicial and procedural reforms in order to maintain and strengthen its capabilities of maneuvering a highly overloaded judicial system. The empowerment of one-shooters, one the other hand, relies on a redistributive approach to access to justice, prioritizing proceedings and structures that provide for an easier access and more adequate responses to individual claims involving such litigants.

Suggested Citation

Gabbay, Daniela Monteiro and Alves da Silva, Paulo and de Araujo Asperti, Maria Cecília and Costa, Susana Henriques da, Why the 'Haves' Come Out Ahead in Brazil? Revisiting Speculations Concerning Repeat Players and One-Shooters in the Brazilian Litigation Setting (January 15, 2016). FGV Direito SP Research Paper Series No. 141, Available at SSRN: https://ssrn.com/abstract=2716242 or http://dx.doi.org/10.2139/ssrn.2716242

Daniela Monteiro Gabbay (Contact Author)

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP ( email )

R. Rocha, 233, Bela Vista
São Paulo, 01330-000
Brazil

Paulo Alves da Silva

University of Sao Paulo - Faculdade de Direito ( email )

Largo São Francisco, 95 Prédio Anexo
São Paulo, São Paulo 01005-010
Brazil

Maria Cecília De Araujo Asperti

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP ( email )

R. Rocha, 233, Bela Vista
São Paulo, 01330-000
Brazil

Susana Henriques da Costa

University of Sao Paulo - Faculdade de Direito ( email )

Largo São Francisco, 95 Prédio Anexo
São Paulo, São Paulo 01005-010
Brazil

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