The Superior Court of Justice (STJ) will decide whether consumers must attempt an extrajudicial settlement before filing a lawsuit against suppliers

The Superior Court of Justice (STJ) began judging yesterday (November 25, 2025) a topic that could significantly impact lawsuits filed by consumers. The Court will decide whether consumers must, as a mandatory step, attempt to resolve their disputes through alternative means — such as customer service channels (SAC), consumer protection agencies (PROCON), or platforms like consumidor.gov.br — before filing a lawsuit.

This debate stems from a decision by the Court of Justice of Minas Gerais, which established that consumer lawsuits should only proceed if there is prior evidence of an attempt to resolve the issue administratively. Now, this interpretation will be reviewed under the repetitive appeals procedure, a mechanism designed to unify judicial understanding. In practice, the STJ’s decision on the matter will apply nationwide and help standardize case law.

It is a deep — but necessary — discussion. On one hand, there is concern about access to justice: requiring a prior step before filing a claim might create barriers for more vulnerable consumers. On the other hand, there is a growing recognition that many lawsuits are filed without any attempt at dialogue or out-of-court resolution, which leads to an overloaded judiciary and unnecessary costs for companies.

This issue becomes even more relevant considering that, according to the National Council of Justice (CNJ), 8 out of the 20 most frequently sued entities in Brazil are banks (https://justica-em-numeros.cnj.jus.br/painel-litigantes/). Thousands of lawsuits could, in many cases, be avoided with a simple prior contact. Many consumers file lawsuits without even attempting to resolve the issue directly with the institution.

It is worth noting that banks themselves often have a real interest in resolving disputes administratively. There are structured service channels and public platforms available specifically for this purpose. Making prior attempts at resolution a mandatory step — with exceptions for urgent cases — could be an important measure to reduce unnecessary litigation and make the justice system more agile and efficient for everyone.

The STJ’s final ruling is still in progress, but it already shows potential to significantly impact the volume of new lawsuits and to encourage more collaborative and less litigious practices between consumers and companies.

This article was prepared by Marina Rocha Farias and Felipe Vilela Ramalho, our Dispute Resolution specialists. Both remain available for any clarifications or discussions on the topic.