ANALYSIS OF THE CONTRACTUAL IMPOSITION OF ARBITRATION AS AN INSTRUMENT FOR THE RESOLUTION OF CONSUMER CONFLICTS

FABRÍCIO GERMANO ALVES, ÂNGELA SAMARA DE ARAÚJO
2019 Figshare  
This paper is about the use of arbitration in consumer relations. In this context, the issues related to the possibility of using arbitration as a means of resolving existing conflicts in consumer relations will be approached. Arbitration represents a more fast and specialized alternative for the resolution of conflicts that arise in a consumption relation, avoiding that the litigants have to face a judicial process. Despite the existence of specific legislation on arbitration (Federal Law No.
more » ... n (Federal Law No. 9,307 / 96) and the non-prohibition of this practice in the Consumer's Protection Code, there are still many uncertainties about the possibility of using arbitration to resolve consumer disputes. Therefore, it will be verified if the legislation allows the institute of arbitration to be used to resolve disputes in the context of consumer relations. The methodology used consists of applied research, with a qualitative and hypothetical-deductive approach, descriptive and purpose of proposing formative evaluation. Due to the absence of an express or even implicit prohibition in the legal system, it is concluded that it is possible to use arbitration to resolve issues arising from consumer relations.
doi:10.6084/m9.figshare.7627034 fatcat:ldylqxbmpzabfkzh6i7fuqgseq