A mediação como método adequado à resolução de conflitos consumeristas: A continuidade da relação de consumo dentro do Movimento Universal de Acesso à Justiça

Abstract

Consumer Law, a legal microsystem marked by State Governance, seeks to balance the unequal relationship between its two poles (consumer vs. supplier), establishing protectionist rules for the vulnerable figure, not guaranteeing, however, that the procedural demands are satisfactorily resolved. Many consumers do not even seek jurisdictional protection, either because of the onerousness or the slowness of the judicial provision, intensifying the conflict and discontinuing the consumer relationship. This work comprises research: bibliographic, from the collection of books, magazines, articles and other types of literature on the subject, already published; documentary, based on laws, rules, resolutions, virtual surveys, as well as any others that fit the thematic pertinence; and analytical, supported by the appreciation of practical cases, in order to allow the comparison of the presented theory with the empirical data collected case by case, allowing its validation or not according to the strength or fragility of its arguments. Its specific objectives are: to analyze the importance of mediation within the New Universal Movement for Access to Justice, as an instrument of social pacification; verify characteristics of the use of mediation in consumer relations; to investigate the role of the National Consumer Protection System in encouraging the use of mediation as an appropriate method for resolving conflicts. Aiming at the continuity of the consumption relationship, it becomes the most advantageous, auspicious mediation, since it does not focus on the problem itself, but on the relationship and the interests of the parties. It is a form of dialogue both from the micro point of view, between the parties in the specific case, as well as in the macro, through the creation of new policies for the protection and education of the consumer society, inserted in the context of the Universal Movement of Access to Justice, which seeks social peace.