Pushing for Sustainability through Technology: administrative consensuality by default and online dispute resolutions tools

The Brazilian Public Administration is a repeat player and, often, predatory and strategic player. The behavior of the Public Administration is oriented towards the litigation and contributes to the increase in the congestion rate of the Judiciary, limiting access to justice. In this article, it was...

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Bibliographic Details
Main Authors: Cássio Castro Souza, Justo Reyna
Format: Article
Language:English
Published: Editora Fórum 2021-02-01
Series:International Journal of Digital Law
Subjects:
Online Access:https://journal.nuped.com.br/index.php/revista/article/view/99
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Summary:The Brazilian Public Administration is a repeat player and, often, predatory and strategic player. The behavior of the Public Administration is oriented towards the litigation and contributes to the increase in the congestion rate of the Judiciary, limiting access to justice. In this article, it was reflected whether a more adequate choice architecture could make the Public Administration start to show a more consensual and less litigious behavior. It was found that an architecture of choices appropriate to the greater promotion of access to Justice must create an administrative consensus by default, implemented based on an online dispute resolution system that presents an architecture of choices that makes the standard choice of individuals who wish to resolve a conflict with the Public Administration is self-composition.
ISSN:2675-7087