With identical matters, all lawsuits were filed in less than three months in the same district.
Judge Paula de Goes Brito Pontes, of the court of the Sole Judicial Notary of the city of Murici, State of Alagoas, dismissed a lawsuit filed against a bank for alleged fraudulent execution of payroll card contracts. In the decision, the judge recognized the malicious prosecution by the lawyer behind the lawsuits, who had filed, in less than three months, 65 similar actions in the same district.
In the process, the client questioned the payroll card contracting, requesting that the contract entered into was rendered non-existent, in addition to the award of pecuniary and non-pecuniary damages.
However, when reviewing the record and the history of the said lawyer, the judge has found evidence of predatory litigation in filing multiple actions of generic and repetitive content without individualization of facts and sufficient evidence.
Accordingly, she pointed out that the same lawyer had filed, between October 2024 and January 2025, a total of 65 lawsuits with identical matters in the district of Murici, Alagoas, even without a professional address in the city. In all of them, there was a request for rendering contracts non-existent, as well as award of damages, under the allegation of fraud.
“It appears that the responsible lawyer in these records filed, from 10/21/2024 to 01/03/2025, 65 lawsuits in this district (where she does not even have a professional address), which are on the same subject.”
For the judge, the conduct revealed “illicit customer acquisition, lack of free and informed consent of the alleged customer when filing the said lawsuits, misuse of the right of action, abuse of the right to litigate, and lack of real litigation between the parties.”
In view of this, pursuant to the judge’s power and duty to prevent or repress any act contrary to the dignity of Justice, the judge dismissed the case without prejudice.
She also recognized the malicious prosecution, ordering the lawyer to pay a fine adding up to 5% of the amount in dispute, to be transferred to the financial institution.
The law firm Ernesto Borges Advogados represented the bank before court.
Available in: https://www.migalhas.com.br/quentes/427435/juiza-condena-advogada-que-protocolou-65-acoes-contra-bancos-por-ma-fe
Autor: Luana Da Silva Malaquias • email: luana.malaquias@ernestoborges.com.br
