Direito fundamenal ao acesso à justiça, hipervulnerabilidade do consumidor e autocomposição de litígios em plataformas on-line

Abstract

The thesis is about the fundamental right to access to justice and the treatment of the hypervulnerable as consumers and users of virtual self-service platforms. These platforms have been democratised in Brazil, but there is a portion of the population that is unable to access them due to the complexity of the commands and problems with digital interactions. This includes hypervulnerable consumers such as the elderly, autistic people, people with neurodivergence, among other conditions, as well as those who have little contact and/or little affinity/adaptability with the technologies used in customer self-service. It uses a plural methodology that includes bibliographical research and direct observation, associated with the Case Study method, with empirical, direct and qualitative analysis of data collected on consumer self-service platforms made available by Brazilian companies and on platforms such as Reclame Aqui and Proteste. It analyses the use of self-service in consumer relations, taking into account the provisions that may be violated in conjunction with the principle of consumer (hyper) vulnerability. The mechanisms for protecting and safeguarding consumers in the context of preventing and repressing practices that disrespect human dignity in self-service are pointed out. The positive and negative points of self-service are identified in relation to the constitutional imperative of ensuring dignity for all people. Research was carried out on the e-commerce platforms Mercado Livre, Amazon, Shopee and Magalu; and as surrounding cases, the institutional platforms Consumidor.gov, the latter responsible for the National Examination of Courses. These platforms were chosen based on the criteria of greater use between 2022 and 2023; criteria for checking the similarities and differences of virtual self-service through e commerce platforms (consumers) and institutional platforms (users). Finally, solutions were formulated for the difficulties inferred. It was found that the vast majority of complaints and episodes of consumer rights violations could be resolved by ODRs. One mechanism suggested for mitigating problems arising from consumer relations, among others, is the adoption of online mediation as a measure of self-responsibility and risk-taking on the part of companies, as well as a tool for empowering consumers by promoting access to justice. The realisation of fundamental rights in consumer affairs also involves increasing awareness and adequate protection of the rights of hyper-vulnerable consumers and promoting their cyber-citizenship, including through assisted virtual mediation when necessary.