Brazil's Justice System Burdened by Budget Overruns and Reverse Litigation Abuse

In 2024 Brazilian states spent roughly R$94 billion on courts, ministries of public prosecution and public defenders, with 67% of that sum going to salaries. Rondônia allocated the highest share of its budget to the judiciary at 12.8%, followed by Minas Gerais and Rio de Janeiro. Researchers say governors and senior judges negotiate resource allocations behind closed doors, and legislative provisions allow executive reallocation of funds without parliamentary scrutiny.

A recent CNJ recommendation (159/2024) renamed "litigância predatória" to "litigância abusiva" but focuses mainly on plaintiffs. Analysts warn of a growing practice of "reverse abusive litigation" whereby large suppliers use the courts strategically to manage liabilities, finding it cheaper to litigate than to comply with court‑ordered obligations. This systemic issue threatens the intended pacifying function of Brazil's judiciary.