FINANCIAMENTO DE LITÍGIOS: ANÁLISE DA PRÁTICA E REGULAÇÃO NO CONTEXTO JURÍDICO BRASILEIRO

Abstract

Third-party funding raises questions about the possible impacts on the legal process, especially due to the lack of consolidated regulation in Brazil. This article aims to analyze these consequences from a comparative approach between Brazilian legislation and foreign regulatory frameworks. The study explores crucial issues such as the legality of this practice and the validity of the contractual agreements involved, the position of the financier within the legal-procedural relationship and its consequences, in addition to the controversy over the obligation to inform the existence of an external financier in the records. The research also discusses whether the participation of third-party funders can influence the autonomy of the financed party and the performance of lawyers, raising reflections on the ethics, benefits and challenges of this practice in the national and international context.