Online Dispute Resolution (ODR) for electronic commerce in Brazilian terms

• Autor(a) principal: Albornoz, María Mercedes
• Data de Publicação: 2019
• Tipo de documento: Artigo
• Idioma: spa
• Título da fonte: Direito.Unb (Online)
• Texto Completo: https://periodicos.unb.br/index.php/revistadedireitounb/article/view/28192
• topic: TIC (Tecnologias da Informação e da Comunicação); Comércio Eletrônico; Administração de justiça; ODR (Resolução Online de Disputas); Brasil; ICT (Information and Communication Technologies); Electronic Commerce; Justice Delivery; ODR (Online Dispute Resolution); Brazil; TIC (Tecnologías de la información y de la comunicación); Comercio electrónico; Administración de justicia; ODR (Solución de controversias en línea); Brasil

This text studies ODR to settle legal disputes arising from electronic commerce. The objective is to gather and to present conceptual, normative and factual elements related to ICT, electronic commerce and the resolution of legal disputes, with the Brazilian regulation and reality in this matter as a backdrop. ODR is studied considering international efforts to regulate it and the existing norms in Brazil, in order to appreciate the development of the issue in this country and identify some challenges for the future. It is concluded that ODR is an adequate alternative to increase access to justice, in search of greater effectiveness and that, although they also serve to resolve conflicts arising offline, they are ideal for conflicts arising from legal relations established in a digital environment. It is also noted that the absence of a comprehensive legal regime on ODR has not prevented ODR mechanisms from having an incipient development in Brazil. However, several challenges are identified, among which the ignorance of these mechanisms, their advantages and operation, and the high propensity to litigation that prevails in the country stand out. Overcoming them would allow ODR to be more used in Brazil.