A Online Dispute Resolution como elemento obrigatório prévio ao ajuizamento de ações judiciais na sociedade em rede: o exemplo privilegiado do direito previdenciário e do consumidor

Abstract

Online Dispute Resolution (ODR) as a mandatory element for access to the Brazilian judicial process is the theme of this research. The delimitation focuses on the ways in which online dispute resolutions are presented in Brazil, with specificity in the 2020s. The analysis is based on the perceptual context in which Brazilian society is currently experiencing the implementation of Online Dispute Resolutions. However, applying such platforms leaves citizens exposed to consensual forms of conflict resolution, which escape state supervision and encourage self-composition. From this perspective, it is imperative to disagree on the following issue: when understanding the historical aspects of access to justice in Brazil, notably based on the pillars established by the Democratic Rule of Law, to what extent is it possible to attest to the validity of ODRs in the environment before the Filing lawsuits dealing with consumer and social security rights? As a general objective of the research, it is worth investigating the process of implementing ODRs in Brazil, especially those that work in Social Security Law and Consumer Law cases, in order to verify the validity of the tool before the Democratic Rule of Law. This will be based on the following specific objectives; explore general aspects relating to ODR as a condition of possibility for the empowerment of citizens in the hyperconnection of the network society and the refoundation of self-protection, with the new ability of citizens to make decisions and act res judicata through the new institute; study the formation of the Democratic State of Law and the intrinsic relationship with the civil process; verify the entirely autonomous consensual formation of sentences through ODRs. As a methodological parameter, an analytical approach to law is used. Thus, the exploration has as its base theories the lessons of Lênio Streck in his critique of consensus, the founding literature of ODRs with the appropriate related authors and Isaías and Batista da Silva when dealing with the relationship between State and Process. This research is developed based on procedural approaches to collecting bibliographic sources, among others. By research technique, indirect documentation is used, through jurisprudential and doctrinal analysis. While considering it conclusive, it remains to be said that online dispute resolution is the future of law. However, they should not be mandatory until society is fully aware of the effects of their actions in negotiations and this does not symbolize a move away from access to justice through self-composition.