Stoicism and frivolous litigation: the virtue of moderation in the use of the judicial system

Abstract

This article analyzes frivolous litigation in Brazil in light of the ethics of responsibility and moderation, based on stoicism, and proposes that its application can contribute to a fairer and more balanced procedural practice. The study starts from the analysis of Stoic virtues, such as moderation, which seek to guarantee the emotional and rational balance of the individual in their actions, avoiding excesses or impulses that harm harmonious coexistence. Frivolous litigation is identified as an improper use of the judicial system for delaying or vexatious purposes, harming the effectiveness of Justice and overloading the courts. The 2015 Civil Procedure Code provides specific sanctions for this conduct, seeking to preserve the social function of the process and the dignity of Justice. The article proposes that, by adopting Stoic principles such as moderation and reason, participants in the judicial process can contribute to the integrity of the legal system and the promotion of  a democratic rule of law. By applying Stoic philosophy, especially its virtues of self-control, rationality, and consciousness of duty, it is possible to combat frivolous litigation while preserving social justice and trust in legal institutions.