Jurisdição, arbitragem e relações de consumo : construção histórica e política dos principais mecanismos de solução de conflitos e a promoção de acesso à justiça nas relações de consumo

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

30/08/2011

RESUMO

The present study examines, according to the historical and deductive method, the historical a political construction of the institutes of jurisdiction and arbitration, considering then as the main mechanisms of the conflict resolution. The study associates the notion of jurisdiction with the function of social appeasement by the political organizations constituted throughout history, by several models of societies (primitive, ancient, medieval, modern and contemporary). It studies arbitration as a private instrument of social appeasement, economic in nature, since the antiquity until the contemporaneity, especially in light of the phenomenon of globalization. The research considers the importance of arbitration in the current environment of social organization, as an alternative mechanism to access justice, notably with the establishment of a Democratic State of Law. The study emphasizes the historical and political development of the consumption relationships, as well as the as well as the emergence of a specific legislation for their regulation in the twentieth century. This study discusses the development of a specific protection of consumer protection, due to the imbalance between the subjects from the ratio of consumption in the Brazilian State of Law. It opens the discussion about the need for an adequate classical system of conflict resolution to new social needs, and shows the debate about the possibility of the application of the arbitration in consume relationships, as an instrument of justice access. The study shows, conclusively, a concretization of the proposals of the reformulation of the classical paradigms of the jurisdiction with respect to the resolution of conflicts about consumption, the viability of the arbitration of the consumer interests, as well as the need of a heavier use of arbitration system in the area of the consumption relationships, with the guarantee of the effective access to justice.

ASSUNTO(S)

jurisdição arbitragem (processo civil) acesso à justiça estado de direito - brasil tutela jurisdicional relaçoes de consumo - história jurisdiction arbitration (civil procedure) consumption relationships

ACESSO AO ARTIGO

Documentos Relacionados