This is why a classic bankruptcy treatise clearly indicates

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It may happen that someone fraudulently or falsely requests the declaration of bankruptcy of another. This fact is sufficient to shake credit and bring harmful on Commercial Law”, VII, no. 338, page 360).

This peacefulness of the doctrine is reflected in our positive bulk sms portugal law, in a striking way, placing it at the forefront of modern legislative systems. The doctrine of abuse of rights found a frank acceptance in our system, enshrined in art. 3° of the Code of Civil Procedure:

The party that files a lawsuit out of a spirit of emulation, mere whim or gross error will be liable for losses and damages.”

Need to measure the right of action
It is not enough to have a right in order to claim it in court. It is necessary to balance the right of action, so that the judicial procedure is not exercised in an abusive and harmful manner.

An eminent professor from São Paulo defined it very well, and before procedural law generalized the doctrine into a broad principle:
To say, therefore, that the person who sues uses his right and, thus, does not cause harm to anyone, is to forget that the litigant has an adversary, and that the latter, when assisted by a right, must be protected from any unfair attacks.

“These are the inconveniences, the loss of assets caused by the fee agreement, the production of difficult and costly evidence, the abandonment of urgent business that is lost in order to meet the needs of the lawsuit, and finally, the more or less intense material repercussions, in addition to the moral damages, which will only be partially compensated in the judgment” (JORGE AMERICANO, “Do Abuso do Direito no Exercício da Demanda”, page 50). In addition to the general precept of the Procedural Code, the Bankruptcy Law, art. 20, in a specific rule, provides for the abusive exercise of the bankruptcy request and imposes its compensation: