Online Dispute Resolution e devido processo legal: solução judicial de conflitos via internet

Abstract

This work aims to study the Online Dispute Resolution (ODR) within the courts and how the adoption of technology in the process impacts the guarantee of due process of law, implying the need for its redefinition. To achieve this goal, it begins to address the evolution of conflict resolution techniques, from self-protection, self-composition, arbitration, the assumption of the function of resolving conflicts by the State and the decentralization of this activity by the Alternative Dispute Resolution movement, which in turn gave rise to the emergence of Dispute System Design. Subsequently, it analyzes the origin and evolution of ODR, its absorption by the courts, its concept and typology, to then proceed to the analysis of due process of law. It studies the origins and the current meaning and scope of the principle of the national legal system. Then, it seeks to present new contours of dua process of law from the technological turn in law and its impacts in the procedural field. At the end, it analyzes an ODR application model in the Brazilian Judiciary, specifically in the 4th Special Civil Court of Cariacica, in the State of Espírito Santo.