Acesso à justiça e litigância habitual
Meios Consensuais Adequados E Incentivos Eficazes
Bibliographic Data
| ID | 5828400 |
|---|---|
| Authors | Matheus Roberto Breda Teixeira (0000-0002-7903-7601, corresponding author), Milena Gomes Francisco Teixeira (corresponding author) |
| Year | 2023 |
| Publication date | 2023-08-17 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | THESIS |
| Publisher | Universidade de São Paulo. Agência de Bibliotecas e Coleções Digitais (PUBLISHER) |
| DOI | 10.11606/d.2.2023.tde-28022024-080851 |
| OpenAlex | W4405366162 |
| Language | PT |
| References cited | 5 |
This study focuses on the analysis of the Brazilian scenario of habitual and repetitive litigation considering the ideal of access to justice, the principle of due process of law, and the motivation behind the 2015 civil procedural legislation, particularly the adequacy and effectiveness of dispute resolution mechanisms.It will examinate the evolution of the understanding of the concept of access to justice over the past decades, both in the Brazilian and Western contexts, delving into the procedural tools already created by the Brazilian legislature to expand this right.Finally, it is proposed to improve the current system, in the initial or pre-litigation phases, involving consumer relations with repeat players, through the use of alternative and consensual online dispute resolution, linked to the collection and processing of data and economic incentives aimed at preventing disputes, regulated by government bodies and respecting the principles that make up due process of law
Humanities · Brazilian Legal Issues · Law, Economics, and Judicial Systems · Medical Malpractice and Liability Issues · Philosophy
| Citation velocity | historical |
|---|---|
| Highly cited | No |