STJ considers requirement for consumers to seek prior resolution before litigation

The Superior Tribunal de Justiça (STJ) is considering a decision that could impact the social cost of consumer litigation. The court will determine whether consumers must prove they attempted to resolve issues directly with a provider before filing a lawsuit.

This deliberation, part of Theme 1.396 of the STJ's repetitive resources, aims to address the indirect costs of mass litigation, such as legal department expenses and price increases passed on to consumers. Legal experts suggest that requiring proof of a resisted claim could rationalize access to the justice system without hindering rights, provided the court balances efficiency with the ability to seek legal recourse.