Abstract

BOCHENEK, Antônio César  and  ELESBON, Salomão Akhnaton Zoroastro Spencer. ODR’S FOR CONSUMERS CONFLICTS: DOES CONSUMIDOR.GOV.BR NEED A NUDGE?. Revista Internacional CONSINTER de Direito [online]. 2023, n.16, pp.447-468.  Epub Dec 01, 2023. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00016.20.

This article aims to study “Consumidor.gov.br”, a public online dispute resolution (ODR) platform, and its potential as a preventive instrument for consumer disputes. It starts from the hypothesis that the expansion of the service in Brazil has not yet fulfilled the desideratum of restraining excessive judicialization and that adjustments are necessary to achieve this scope. Platform usage data is examined, in contrast to information on procedural distribution. In the light of the doctrine on biases, heuristics and nudges, it is proposed to use non-cogent behavioral stimuli to maximize the adoption of the platform and its resolute effectiveness. Alternatively, possible interactions between ODR platforms and the judicial process are examined, which could serve the same deterrent objective on exacerbated judicialization.

Keywords : Consumidor.gov.br; on-line dispute resolution; nudges..

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