Meios de resolução online de conflitos como alternativas eficientes de acesso à justiça: perspectivas sobre sua aplicação em tempos de pandemia

Abstract

Conflicts of interest are constantly occurring in Brazilian society, which causes great demand from the judiciary, and it is necessary to guarantee mechanisms for access to justice, even in adverse circumstances such as a Covid-19 pandemic. This work aims to show the development of adequate means of conflict resolution as guarantors of access to Justice and how they could be used through technology. This study was designed to analyze how technology can assist the Brazilian Judiciary in maintaining access to Justice in the current panorama of social isolation caused by Covid-19. The applied methodology is based on bibliographic researches that involve works on the realization of access to Justice as an exercise of citizenship, studies on the function of the appropriate means of conflict resolution and the use of technology for their application, as is the case of Online Dispute Resolution(ODR), which allows the execution of procedural acts in a totally virtual environment without the need for physical approximations, which is now considered very useful given the scenario of mass social isolation due to the pandemic that the world currently has. At the end of the development of the stages of the work, it was obtained the knowledge that the use of ODR, through technology, is an excellent mechanism for exercising rights, helping to reduce the procedural burden of the Judiciary, in addition to enabling remote conflict resolution, an essential fact to prevent the spread of the Covid-19 virus. It is worth mentioning that this article intends to demonstrate to those interested in knowing the possibilities of still realizing and exercising their rights and ensuring that access to Justice is not impeded or hampered even in atypical situations occurring on a global scale. Finally, the present work pointed out the ways that the Judiciary can follow to reduce their demand for lawsuits, in addition to allowing citizens to enforce their rights through appropriate means of resolving conflicts in circumstances of social isolation and analyzing the capacity of the Judiciary in adapting to this recent global problem using digital means of conflict resolution.