O direito preventivo como propulsor de escalabilidade e redução de litígios em empresas

Abstract

Conflict is inherent to living in society. However, an excess of belligerence is observed in the Judiciary, which ended the year 2021 with 77.3 million lawsuits in progress. Thus, this paper investigates the importance of preventive law practice in business management, through legal management aligned with the company's strategy, demonstrating its relevance as an instrument of conflict resolution and, therefore, a driver of business scalability. To this end, the role of the lawyer is analyzed, as well as the responsibility of higher education institutions in the professional training of graduates in light of the new legislation that encourages the promotion of a non-litigious culture. Soon after, the concept of Preventive Law is broadly demystified in order to discuss the need for its insertion in the business environment. The impact of lawtechs as a tool to reduce litigation in the state machine is also evaluated. Finally, in order to effectively demonstrate the results obtained through preventive lawyering, case studies of law firms that act preventively for several corporations are analyzed. The methodology to be applied in the present work is exploratory research, focusing on the qualitative approach of the hypothetical-deductive method, where the hypothesis of litigation reduction and scalability of companies from the application of Preventive Law will be analyzed.