A vulnerabilidade processual nos sistemas de ODR: desafios para instrumentalização do mecanismo aos grupos marginalizados pela tecnologia

Abstract

In the various forms of state organization, the concepts of Equality, Justice, and Law interconnect. Law is a means to achieve Justice, and Equality serves as a standard to measure its attainment. From a systematic perspective based on the concept of multi-door justice, each appropriate conflict resolution method involves a Law tool for the realization of Justice, which must be equipped with Equality to be effective. In the procedural framework, Equality is evident in several key guarantees, such as parity of arms and access to justice. Online Dispute Resolution (ODR) is a new addition to the justice system that is compatible with the new social changes brought about by the internet. Conducting activities remotely without the need to travel increases the potential of ODR to expand access to justice and promote a fair legal system. However, to realize this potential, the platforms must be egalitarian and comply with Justice as tools of Law. Procedural vulnerability must be addressed in all jurisdictional channels, not just the judicial process. The use of technology alone can marginalize a significant portion of the population with limited access to the virtual environment due to resource constraints, lack of knowledge, or sensory impairments. This essay, carried out through reference chains and synthetic analytical methodology, promotes discussions on the effects of incorporating technology in the realization of equality in virtual dispute resolution platforms