UNIVERSAL ACCESS TO JUSTICE AS A FACILITATOR FOR ABUSIVE LITIGATION AND THE IMPACT GENERATED TO THE JUDICIARY BY THE UNRESTRAINED INCREASE OF ABUSIVE DEMANDS

Abstract

This article has as its starting point the constitutional principle of access to justice, with the analysis of the reasons that lead people to opt for litigation, from a cost-benefit aspect, often challenging procedural good faith, generating an overcrowding of the judiciary. due to the increase in demands, a large part of which are characterized as frivolous, predatory or habitual. The problem of the article lies in the factors that encourage abusive litigation, such as jurisprudential instability, the abusive and unregulated use of the benefit of free justice and the absence of sanctioning rules for moving the judiciary with mere everyday annoyances. The methodology used was bibliographical, deductive and descriptive research on the impacts generated by facilitating mechanisms for universal access to justice, which came with the objective of facilitating and ensuring rights, but ends up causing harm to society, as with the increase in abusive demands , makes the judiciary inefficient and is unable to respond to legitimate demands at the same rate as the judicial system is activated. With the aim of unburdening the judiciary and making it more effective, the study concluded that there is a need for control mechanisms, objective rules for the granting of free justice, jurisprudential stability, application of sanctions or punitive damages to discourage the unbridled pursuit of the judicial system.