Brazil judicial reform targets legal aid abuse

Discussions regarding the modulation of free legal aid in Brazil have emerged as a response to hyper-litigation and the perceived abuse of judicial access. While the 1988 Constitution established the democratization of justice, critics argue that the lack of financial responsibility has led to irresponsible litigation that strains the judicial system.

In Maranhão, the State Justice Intelligence Center (Cijema) issued Technical Note No. 10/2025 to address this issue. The document proposes establishing proportionality between a claimant's income and court costs, recommending that reduced or installment-based fees should not exceed 1% of a user's net income. This move seeks to transition from an ‘all or nothing’ approach to a system of adequacy, ensuring that legal costs—which have a tax nature—continue to fund essential judicial services.