O Princípio da Tutela Jurisdicional Efetiva e as Partes em Litígio: problemáticas sobre o efetivo acesso à Justiça e o contributo do Third-Party Funding

Abstract

Abstract: Third-Party litigation funding has, in recent years, in multiple countries, established itself as a new business model characterized by the intervention of a third party unrelated to the judicial proceedings, who assumes the costs and expenses inherent to an adjudicative process. It thus emerges as a mechanism that fosters access to Justice and the Law, by covering the costs of initiating and/or maintaining the legal proceedings and that, in conjunction with Legal Aid, already enshrined in the Portuguese legal order, would give full effect to a Democratic Rule of Law and to the Social State, covering all situations of economic insufficiency.. Although it offers highly significant benefits and undeniable contributions, it remains a practice that raises certain concerns and requires caution from all parties involved. Chief among these concerns is the absence of regulation governing this type of legal arrangement, which leads to situations of considerable legal uncertainty and insecurity-precisely the kind of circumstances that are objectionable in a Democratic Rule of Law.