The purpose of this paper is to deepen the discussion on predatory litigation based on the empirical study of the judges’ requirement of what is known as the notarized power of attorney filter. Through a survey of data on the application and repercussions of this filter during the first semester of 2023 before the Court of Justice of the State of São Paulo, it makes critical reflections on the conduction of predatory litigation, pointing out deficiencies in the Brazilian Superior Court of Justice’s Theme 1.198. As a focal point of the discussion, it suggests that the party’s informed consent should be checked when granting powers to their lawyer, in order to reduce the risks of undue restriction of the principle of access to justice.