Abstract

TARREGA, Maria Cristina Vidotte Blanco  and  REZENDE, Damaris Tuzino de. BREAKING CULTURAL PATTERNS AND ONLINE CONFLICT RESOLUTION: CHALLENGES AND PERSPECTIVES IN THE DIGITAL AGE. Revista Internacional CONSINTER de Direito [online]. 2022, n.14, pp.183-196.  Epub Sep 02, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00014.07.

This work analyzes how online dispute resolution (ODR) mechanisms have been increasingly used to resolve conflicts in the virtual environment, in order to break cultural patterns that have always required the physical presence of the parties to resolve the dispute. The objective of the research is to bring conceptual elements and the challenges and perspectives related to the virtual solution of dispute resolution in Brazil, with an eye on the constitutional right of access to justice. The hypothesis is that the lack of legislative regulation of the matter and the deeply rooted culture of litigation and the predominant pro-litigation are challenges to cultural change regarding the means of conflict resolution. This is a bibliographical and documentary research, concluding that the Law associated with technology is a reality, and the digital age and the progress of online connectivity provide innovative models for resolving disputes. Even with the absence of a comprehensive legal regime on ODR in Brazil, this did not prevent its mechanisms from having an incipient development in the country. Overcoming these and other challenges will allow ODR systems to be used more and bring even more positive results to Brazil.

Keywords : Access to justice; Digital age; Online dispute resolution; Technology..

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