A resolução autocompositiva online dos conflitos de consumo no Brasil

Abstract

The present study sought to characterize the consumidor.gov.br platform as an Online Dispute Resolution (ODR) tool based on the analysis of the evolution of the concept of ODR, the insertion of this technological novelty in the Brazilian scenario and its interaction with the judiciary, also using, for this purpose, the analysis of data collected in a research conducted through the survey of judicial decisions within the scope of the Court of Justice of the State of Rio Grande do Sul that at the end of 2014 affirmed partnership with the National Consumer Bureau for the use of the consumidor.gov.br. In the decisions collected, we analyzed a practice adopted by judges in the first degree of suspension of proceedings and directing the authors of the actions to the prior use of the Consumidor.gov.br platform to try to self-composition and prove the resisted claim, before the continuation of the achievement. The research found a favorable trend of second-degree judicial decisions to the suspension of proceedings in the first degree and even the termination of them due to lack of procedural interest, when the plaintiff does not seek the defendant out of court, especially because the negotiation is being facilitated by the use of said platform, added to the proven interest of the defendant in trading. It was verified the importance of promoting the strengthening of self-compositive methods in Brazil, which bring benefits to consumers, companies and, as a consequence, to the market, in addition to strengthening the judiciary itself. The study concluded that the use of the Consumidor.gov.br platform for the solution of consumer conflicts and its efficacy as an ODR method, although incomplete.