THE APPLICABILITY OF ONLINE DISPUTE RESOLUTION (ODR) IN THE BRAZILIAN LEGAL SYSTEM: DISPUTE RESOLUTION BY JUDICIARY BRANCH IN DIGITAL MEDIA AND THEIR REFLECTIONS DURING SOCIAL ISOLATION

ABSTRACT

The paper aims to give an account on the development of the online dispute resolution (ODR) in the Brazilian legal reality, as an alternative to the traditional model. The description of the aspects of ODR, demonstrating its versatility in the face of disputes endured by contemporary society were achieved through a qualitative methodology based on bibliographical research, international and national diplomas. Then, its execution is observed in foreign legal system, considering its particularities. After that, the birth of online dispute resolution is highlighted in the Brazilian legal system and its gradual regulation before the pandemic situation of SARS-CoV-2. In conclusion, the study asserts the effectiveness and flexibility of ODR for dispute resolution in front of the Judiciary Branch. © 2022, Universidade do Estado do Rio de Janeiro. All rights reserved.