THE TOOLS OF THE ONLINE DISPUTE RESOLUTIONS (ODR) AND THE NEW TECHNOLOGICAL INSTRUMENTS IN SEARCH OF THE EFFECTIVENESS TO THE RIGHT OF ACCESS TO JUSTICE IN BRAZIL

Abstract

The right of Access to Justice was consolidated through three waves of renewal and the third wave inaugurated the use of new solutions, not necessarily tied to the formalities of the legal system. The use of technologies, in the context of the third wave, emerges as a new proposal capable of helping the judicial courts to be discouraged. The purpose of this article is to verify the use of technologies, especially online dispute resolutions, as instruments, with their own procedures, that guarantee greater effectiveness of the jurisdictional provision. Thus, through a methodology and bibliographic review, the experiences with the application of ODR around the world, such as in the USA, Canada, Australia and the European Union and how its use has influenced Brazil, will be analyzed. In Brazil, its use is still incipient, but with the outbreak of the Coronavirus pandemic, the processes of increasing the use of various technologies - not only ODR - in favor of access to justice, as is the case of the use of Artificial Intelligence, have accelerated. The conclusion reached is about the necessary balance between the negative and positive points of the use of technologies and how such points may impact the Brazilian justice system, especially with the guarantee of the effectiveness of the right of Access to Justice.