Consumer Litigation in 2026,

Challenges and the need for a legal strategy for companies.

The Brazilian legal landscape in 2026 confirms a trend that has been consolidating in recent years: the continuous and significant growth of litigation, particularly consumer disputes. Far from being a one-off phenomenon, this expansion reveals a structural shift in how conflicts are generated, perceived, and resolved. Recent estimates indicate that millions of new lawsuits are filed annually in the country, a significant portion of which are linked to consumer relations, highlighting not only the centrality of the issue but also its systemic impact on the Judiciary and on business activity.

The landscape of litigation in Brazil and digital transformation.

This increase in litigation cannot be understood in isolation. It is directly related to a broader context, marked by the digitalization of consumer relations, the expansion of access to information and justice, and a challenging economic scenario with high levels of indebtedness among the population. The contemporary consumer is more aware of their rights and has multiple channels, both judicial and extrajudicial, to claim them. At the same time, the large-scale standardization of services causes operational failures to multiply, generating repetitive and often mass litigation.

For companies, the effects of this environment are profound. The increased volume of lawsuits implies higher contingency costs, the need for robust litigation structures, and greater exposure to reputational risks. In this context, litigation ceases to be an isolated event and becomes integrated into the dynamics of the business, influencing strategic and operational decisions. Therefore, the management of legal proceedings can no longer be treated as a merely reactive activity, restricted to the legal department.

Impacts of predatory litigation on mass litigation

The complexity of the scenario intensifies when one observes that, in addition to the volume, there is also a qualitative transformation in litigation. In this context, discussions arise about practices associated with so-called predatory advocacy, characterized by the mass filing of standardized lawsuits, not always accompanied by adequate individualization or factual robustness. Although it does not represent the totality of consumer lawsuits, this type of action contributes to increasing pressure on companies and on the justice system itself, making it difficult to distinguish between legitimate claims and potentially abusive initiatives.

How to identify patterns of abusive demands

Given this reality, the adoption of strategic legal counsel becomes even more relevant, capable not only of acting in procedural defense, but also of evaluating, in a qualified manner, the profile of the demands faced by the company. Identifying patterns, analyzing recurrence, and differentiating between legitimate litigation and possible distortions of the system are essential measures for an efficient response that avoids both the trivialization of settlements and the inadequate handling of real risks.

However, it is important to recognize that a highly litigious environment does not form unilaterally. In many cases, repeated business practices, such as systemic failures in service delivery, inconsistencies in commercial policies, or the absence of effective conflict resolution channels, directly contribute to mass litigation. In this sense, high litigation should also be understood as a reflection of internal deficiencies, which reinforces the need for preventive action.

The transition from reactive legal counsel to strategic legal advice.

Given this multifaceted scenario, the need for a paradigm shift becomes evident. Traditional legal practice, focused on procedural defense and volume management, proves insufficient to deal with current complexity. In its place, a strategic approach is gaining ground, based on prevention, data analysis, and integration between the legal department and other areas of the organization. Identifying litigation patterns, monitoring conflict indicators, and reviewing internal processes become essential elements for risk reduction.

Litigation prevention: The critical factor for business sustainability.

In this context, litigation prevention ceases to be an ancillary practice and becomes a critical factor in business sustainability. Companies that adopt a proactive stance, investing in governance, compliance, and improving the customer experience, manage not only to reduce the number of lawsuits but also to increase their efficiency and competitiveness. On the other hand, organizations that maintain an exclusively reactive stance tend to accumulate liabilities and operate under constant legal pressure.

Addressing consumer disputes in 2026 therefore requires an integrated and systemic approach. It's not just about improving litigation, but about rethinking how conflicts are generated and managed. This involves not only companies, but also the justice system itself, the legal profession, and the regulatory environment, in a joint effort to promote greater balance and efficiency.

Conclusion: The future of legal management in 2026

In short, the increase in consumer litigation reflects a profound transformation in the relationship between companies and consumers in Brazil. More than just managing lawsuits, the contemporary challenge lies in understanding their structural causes and developing strategies capable of anticipating risks and reducing conflicts. In this new context, the legal department assumes a central role in decision-making and in building more resilient business models, ceasing to be merely a cost center and consolidating itself as a true strategic agent within organizations.

Article written by: Leonardo Neri and Nicoly Crepaldi.

• “Consumer litigation in 2026 is not only voluminous, but structural and requires equally structured responses from companies.”

• “The repetition of operational failures is often the main source of mass litigation.”

• “The distinction between legitimate claims and those of weak legal merit depends on technical analysis and strategic vision.”

• “Preventing litigation has ceased to be a competitive advantage and has become a requirement for business sustainability.”

• “Efficient litigation management begins even before the lawsuit is filed.”

• “Predatory advocacy, when present, increases the complexity of the scenario, but does not replace the need to review companies' internal practices.”

References:

• ECONOMIC VALUE. Corporate litigation is on the rise, increasing the demand for management..
• LADEIRA, PK; CÉSAR, RR. Predatory litigation: A strategic legal challenge for large companies..