Banca de QUALIFICAÇÃO: KLEBER SOARES DE OLIVEIRA SANTOS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : KLEBER SOARES DE OLIVEIRA SANTOS
DATA : 13/06/2019
HORA: 09:00
LOCAL: UFRN - NÚCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

 THE INSTITUTE OF MEDIATION AS AN ALTERNATIVE MEAN TO THE RESOLUTION OF CONSUMER CONFLICTS IN THE SHARING ECONOMY

PALAVRAS-CHAVES:

Sharing economy. Consumer conflicts. Access to justice. Mediation.

PÁGINAS: 144
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
RESUMO:

The sharing economy has gained significant prominence on the world stage due to the
popularization of the Internet and the creation of devices and applications responsible
for promoting connectivity between people. This economic model simplifies access to
consumer goods and tries to reach areas that were previously unexplored or difficult to
exploit. Consumption based on sharing attracts attention because it breaks with the
traditional method, in which only the consumer and the supplier seem to be present,
becoming more complex from a legal point of view. Here, the relationship gains new
contours due to the existence of a digital platform that promotes the connection, in real
time, between the service provider and the consumer, behaving as a facilitator of
activities. The idea of the shared economy is, through a change in people's behavior, to
move away from the system aimed at overproduction and excessive consumption and,
thus, to approach the one in which there is a greater awareness in terms of sustainability.
In spite of the benefits implanted in society, there are problems that deserve attention
from the State. On the Uber platform, which offers the service of transporting people,
there is a worsening of consumer conflicts, as well as the inapplicability of the CDC in
situations linked to the right to repentance. The complaints of unsatisfied consumers
both reflect the decrease in the quality of service offered and also point to an increase in
the number of claims filed in the courts. CNJ data indicate that in Brazil 80.1 million
cases are still being processed and are awaiting some definitive solution. This problem
results from the lack of adequate information from the population, which mistakenly
associates the definition of access to justice with the Judiciary, which is the only way to
resolve consumer disputes. The notion of access to justice is linked to access to the just
legal order, which can be obtained through other equally effective means, depending on

the nature of the dispute. This is what is known as the Multiport System. This system
treats disputes according to the most appropriate consensual mechanism, recommending
the use of the traditional model of justice (adversarial route) only as a last resort. This
paper seeks to understand the characteristics and benefits of the institute of mediation,
especially those related to the empowerment of the parties, the role of the mediator, as
well as examine the effects of applicability in the face of consumer disputes involving
the Uber. Based on an applied research, hypothetical-deductive, with qualitative
approach and formative purpose, it is argued that mediation, by promoting the
reconstruction of communication and legal ties between consumer and Uber, is an
important resource to adequately resolve consumer disputes, whose agreement is made
by the parties themselves without third parties imposing any decision. For this reason, it
is of paramount importance to have a policy focused on the effective treatment of
consumer complaints, which, in addition to reducing, through reflection, the filing of
legal claims, constitutes a precious tool for the fulfillment of SDG 16, an integral part of
the UN 2030 Agenda.

MEMBROS DA BANCA:
Presidente - 1298976 - YANKO MARCIUS DE ALENCAR XAVIER
Externo ao Programa - 3456619 - ANDERSON SOUZA DA SILVA LANZILLO
Externo ao Programa - 1254860 - FABRICIO GERMANO ALVES