Xavier, Yanko Marcius de AlencarSantos, Kleber Soares de Oliveira2019-09-062019-09-062019-06-21SANTOS, Kleber Soares de Oliveira. O instituto da mediação como meio alternativo à resolução de conflitos de consumo na economia compartilhada: uma análise do caso da UBER. 2019. 142f. Dissertação (Mestrado em Direito) - Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2019.https://repositorio.ufrn.br/jspui/handle/123456789/27662The sharing economy has gained significant prominence on the world stage due to the popularization of the Internet and the creation of devices and applications responsible for promoting connectivity between people. This economic model simplifies access to consumer goods; the relationship takes on new contours due to the existence of a digital platform that promotes the connection, in real time, between the service provider and the consumer, behaving as a facilitator of activities. Despite these benefits, some problems deserve attention from the state. In the platform that offers the service of transportation of people, known as Uber, there is the aggravation of consumer conflicts, as well as the inapplicability of the Consumer Protection Code (CDC) in situations linked to the right to repentance by the consumer. The complaints of unsatisfied consumers both reflect the decrease in the quality of service offered and also point to an increase in the number of claims filed in the judiciary. This problem results from the lack of adequate information from the population, which mistakenly associates the definition of access to justice with the Judiciary, which is the only way to resolve consumer disputes. In fact, the notion of access to justice is linked to access to the just legal order, which can be obtained through other equally effective means, depending on the nature of the dispute. It is called the Multiport System, which treats disputes according to the most appropriate consensual mechanism, recommending the use of the traditional model of justice (adversarial route) only as a last measure. Given the participation of the Uber platform in the economic market and the current conflicts involving the said company, this study begins with the following questions: which conflicts may arise in the consumer relationship? Is the Consumer Protection Code capable of satisfactorily resolving disputes between consumers and Uber? Faced with the possible problems encountered, how can the consumer be removed from the slowness and litigiousness of the Judiciary? How can mediation have a positive impact on the consumer market in relation to Uber? To answer these questions, the study in question intends, initially, to better understand the subjects who operate in the sharing economy, the existing relationships between them and their way of functioning, giving due prominence to the Uber platform. It seeks to know the characteristics and benefits of the institute of mediation and examine the effects arising from applicability in the face of consumer conflicts involving Uber. It is also intended to verify whether the CDC is an instrument able to protect the consumer in the consumption relationship with Uber. From a research of applied nature, hypothetical-deductive, with qualitative approach and formative purpose, it is concluded that mediation, by promoting the reconstruction of communication and legal ties, gives back the protagonism to those involved in the consumer relationship, giving them power, commitment and responsibility in the way they act to face and solve the problems.Acesso AbertoEconomia compartilhadaConflitos de consumoAcesso à justiçaMediaçãomasterThesisCNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO