O Design de Sistemas de Disputas para conflitos complexos como forma de potencializar o acesso à justiça: a importância das garantias da cooperação, da lealdade e do contraditório para a concretização efetiva deste procedimento

Abstract

This master's thesis aims to bring procedural reflections on Dispute Systems Design for the resolution of complex conflicts in which there are multiple damages and multiple parties involved, and their ability to enhance access to justice. It also aims to demonstrate the importance of guaranteeing loyalty, cooperation and adversarial principle within an extrajudicial procedure that seeks to satisfy this type of dispute. By demonstrating the real reach capabilities of a Dispute Systems Design, as well as the main techniques and procedural tools used in it, it is possible to resolve complex issues inherent to the effective establishment of a DSD for complex cases. It is intended to demonstrate, through the analysis of practical cases and the use of current doctrine on the subject, the efficiency of this procedure in the face of the challenges of the search for adequate treatment for its beneficiaries, through a fair procedure, based on the guarantees of loyalty, cooperation and adversarial principle.