The big myth – and the great enemy – the Preventive Lawessentially present, it has to be said, on the most conservative fringes of lawyers, and, simultaneously, in all public opinion, is that prevention, or the search for friendly composition, is a sign of weakness, especially when it appears on its own initiative .
But, as we will see later, Preventive Law has extremely aggressive and intelligent techniques, to the extent that in some cases they remove all their scent of litigation, or, in some others, leave the other party without weapons.
The position of the “active prevented” is always superior, and clearly more comfortable, than that of the Plaintiff or Defendant, whose action always takes place in a reduced space, with few and inflexible weapons, and with a subjection to a system that they do not command (and if we think of a context other than Portuguese, where everything is controlled and hindered by corrupt powers, we can get an idea of where the weakness really is.
We have for us that the choices of the litigation route are what, more often than not, give deep signs of weakness.
Because there is a very big difference between the pure and tough warrior, and the person who solves problems. The former does not always strive to solve any problem, taking pleasure in the struggle for the struggle, and being able to go against the very function that he performs.