MANDATORY PREVIOUS SUBMISSION OF CONSUMER LAWSUITS TO CONSUMIDOR.GOV.BR PLATFORM IN THE SMALL CLAIMS COURTS

A REVIEW FROM THE PERSPECTIVES OF PROCEDURAL INTEREST AND ACCESS TO JUSTICE

Abstract

Investigates if in the scope of small claims courts, considering the peculiarities of the system, there is a violation of access to justice through judicial order of submission the consumer disputes to the attempt of prior resolution on the consumer.gov.br platform. Adopts a hypothetical-deductive approach, with qualitative and descriptive research, carrying out a bibliographic review of scientific articles and doctrinal works, in addition to collecting information in relevant databases according to the matter. Concludes that sending cases of the small claims courts to the compulsory negotiation in the service provided by Consumidor.gov.br, instead of representing a violation of access to justice, constitutes an opportunity for its amplification, considering the promotion of greater overall effectiveness of the microsystem. Thus, it contributed to a better definition of the edges of the access to justice in the small claims courts, presenting an alternative to improve the system's results and to bring it back to its primordial scope of agile and effective conflict resolution.