Procedural harassment and the configuration of damages caused by abuse of procedural rights
Main Article Content
Abstract
The article addresses procedural harassment, which is characterized by abusive conduct from one of the parties during the course of the legal process. This behavior is manifested through repeated unjustified actions with the aim of harming, disturbing, and causing psychological distress to others. The research problem seeks to understand how the abuse of procedural rights can lead to compensable damages for the other party, constituting harassment rather than the unrestricted access to judicial protection. The main objective of the research is to establish boundaries between the legitimate exercise of the Right to Action and the abuse of procedural rights, especially when the legal process is used improperly, in violation of the principles of the legal system. To achieve this, the research employs a quantitative and qualitative approach, utilizing bibliographic and documentary sources, doctrines, theories, articles, legislation, with analysis of empirical elements, as it examines procedural harassment and the abuse of procedural rights through the analysis of cases of law.