Autocomposição de conflitos e Online Dispute Resolution: novo espaço para resolução de disputas no Brasil

Abstract

Technology has been used by various segments of human society with the purpose of optimizing services. Automation is a global trend that the Judiciary of several countries around the world have adopted. The Covid-19 pandemic came to accelerate the implementation of technologies to procedural acts. It has never been so necessary to subpoena and cite parties through messaging apps or hold hearings by videoconference, for example. The objective of this study is to analyze the advantages and the gains that the Brazilian Judiciary would have when applying theOnline Dispute Resolution as a way of resolving disputes. Based on statistics obtained through a study on the functioning of the entire Brazilian judicial system, it is demonstrated the need to change the paradigm of litigation so that the right to judicial assistance is effected in a satisfactory way for Brazilian citizens. It discusses the digitalization of Justice (enable by the National Council of Justice through what we know as Justice 4.0), the Adequate Means of Conflict Resolution, as well as the ODR technology; its emergence, the place of origin, how it is being used in other countries and how it is being applied in Brazil. Revolving around this theme, it is healthy to ask the following questions: what advances (in terms of efficiency) would the judicial activity obtain when applying this technology? The research in question used the inductive method and, to achieve the proposed objectives, the descriptive and exploratory research. About the procedure, bibliographic research was used, based on legislation, scientific articles, as well as on news published on websites of somes organs of Justice. After the analysis carried out, it was concluded that the Online Dispute Resolution (ODR) technology is, in fact, a legitimate and effective tool for the materialization of access to justice (in the broadest sense of the word) in Brazil.