DESIGN DE SISTEMAS DEDISPUTAS (DSD) E ACESSO EFETIVO À JUSTIÇA: PERSPECTIVAS E DESAFIOS PARA A APLICAÇÃO DODSDEMCONFLITOS COLETIVOS NO BRASIL

Abstract

The increase in collective demands in the Brazilian judiciary and the difficulties in dealing effectively with them sparks the debate about possible conflict resolution methods suitable for collective rights protection in Brazil. It is understood that such a panorama requires the application of flexible, hybrid and personalized methods to the particular needs of each conflict. Therefore, the objective is to explore the Dispute Systems Design technique as a potential tool to achieve access to justice in the resolution of collective conflicts in Brazil. To this end, the bibliographic method was used, through qualitative analysis of theoretical material and case studies that support the work. After raising theoretical discussions and applying a systematic model to analyze the selected cases, it was found that Dispute Systems Design is a tool capable of promoting collective rights protection that is fairer and more appropriate to the Brazilian context. As a result, some common parameters that must be ensured throughout the process were highlighted: (i) mechanisms to guarantee material equality between the parties, (ii) adequate representation of the interests involved, (iii) the participation and supervision of bodies public and civil entities, (iv) interconnection with the judicial system; (v) evaluation tools during and after the implementation of the process and (vi) transparency of the decisions taken, the actors involved, the resources used and their origins, as well as the criteria used to adopt the defined measures.