Entre a norma e a prática

a resolução de conflitos on-line no contexto brasileiro e seus desafios de responsabilização civil dos pais no Brasil

Abstract

The pursuit of improving mechanisms that effectively ensure the right of access to justice in the country has driven the implementation of self-compositive practices through remote access using digital platforms, offering advantages such as celerity, confidentiality, and cost-effectiveness, among others. In this regard, the following question arises: to what extent do online mediation and conciliation, as appropriate methods of dispute resolution provided for in the Code of Civil Procedure (Law Nº. 13.105/2015) and in the Mediation Law (Law Nº. 13.140/2015), effectively promote access to justice in Brazil, especially in light of existing inequalities? The general objective of this article is to understand the current landscape of online self-composition in Brazil as an instrument for expanding access to justice, in light of the prevailing legal framework, as well as to identify the challenges that still persist. To this end, the deductive method of approach is employed, starting from general premises regarding access to justice and appropriate dispute resolution methods, in order to examine their practical application. The procedural method adopted is bibliographic, based on legal scholarship, legislation, and institutional data. It is concluded that mediation and conciliation conducted remotely through digital platforms tend to expand access, reduce costs, and promote efficiency, although they still face structural and digital challenges.