From Fragmentation to Concentration of Claims in Brazilian Law<br>—Investigating the Limitation on the Fragmentation of the Substantive Legal Situation into Different Proceedings

The article investigates the so-called fragmentation of claims arising from the same substantive legal situation into multiple lawsuits. Based on the observation that the Brazilian civil procedural system does not define the minimum content of a claim nor impose the joinder of related claims, the paper proposes a dogmatic reconstruction of the duty of claim concentration. After demonstrating the impacts of fragmentation on the efficiency, legal certainty, and rationality of the proceedings, the study compares two possible solutions: the approach based on abuse of rights, deemed insufficient, and the definition of the subject matter of the proceedings based on the substantive legal situation. It concludes that there is a general rule of concentration, with justified exceptions, and that new lawsuits may be inadmissible when the fragmentation is unjustified.

Authors

Publication Details

Journal
Beijing Law Review
Published
2025-01-01
DOI
https://doi.org/10.4236/blr.2025.162066
Primary Topic
Brazilian Legal Issues
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

From Fragmentation to Concentration of Claims in Brazilian Law<br>&#8212;Investigating the Limitation on the Fragmentation of the Substantive Legal Situation into Different Proceedings

Alexandre Rodrigues de Sousa, Gabriela Gonçalves
Beijing Law Review
Brazilian Legal Issues
article

From Fragmentation to Concentration of Claims in Brazilian Law<br>&#8212;Investigating the Limitation on the Fragmentation of the Substantive Legal Situation into Different Proceedings

Alexandre Rodrigues de Sousa, Gabriela Gonçalves
article en

Abstract

The article investigates the so-called fragmentation of claims arising from the same substantive legal situation into multiple lawsuits. Based on the observation that the Brazilian civil procedural system does not define the minimum content of a claim nor impose the joinder of related claims, the paper proposes a dogmatic reconstruction of the duty of claim concentration. After demonstrating the impacts of fragmentation on the efficiency, legal certainty, and rationality of the proceedings, the study compares two possible solutions: the approach based on abuse of rights, deemed insufficient, and the definition of the subject matter of the proceedings based on the substantive legal situation. It concludes that there is a general rule of concentration, with justified exceptions, and that new lawsuits may be inadmissible when the fragmentation is unjustified.

Beijing Law ReviewVol. 16(02)
Peace, Justice and strong institutions
Openalex Percentile: Top 75%
Brazilian Legal Issues
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.