A Regulação por Litígio no Contexto Jurídico Brasileiro

Abstract

[Purpose] To analyze regulation through litigation in the Brazilian legal system, investigating its application in courts and its impact on the legal system and economic relations. [Methodology/approach/design] Theoretical approach based on literature review and analysis of relevant cases. [Findings] Regulation through litigation is an established practice in Brazil, although it is not extensively explored in the national doctrine. It is concluded that the Judiciary can also play a regulatory role, directly influencing the development of regulatory policies and the behavior of economic agents. [Originality/value] Regulation through litigation is a topic largely unexplored in the national doctrine, and this article aims to fill this gap by investigating and analyzing the application of this phenomenon in Brazilian courts.

Keywords

• regulation through litigation
• civil liability
• strategic litigation
• judicial decisions
• regulatory effects