A Arbitragem nas Relações de Consumo: Desafios e Diretrizes para uma Proteção Efetiva do Consumidor
Year: 2025
Type: article
Abstract: This article examines the application of arbitration in consumer relations in Brazil, highlighting the conflicts between the Arbitration Law and the Consumer Protection Code. The study shows that, while arbitration provides speed and specialization, its use raises challenges due to consumer vulnerability and the need to guarantee access to justice. International experiences, such as those from Portugal and France, are analyzed, emphasizing free access, government oversight, and transparency. Based on these references, the article proposes guidelines for a fairer Brazilian model, including informed consent, reduced costs, public supervision, and legislative harmonization. It concludes that arbitration should be a complementary instrument to the Judiciary, strengthening consumer protection and promoting balance in market relations.
Authors: Elival Tomaz Santos Júnior, Dione Day Maria Pires Chaves, Tatiana do Nascimento da Silva
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4414028579