Arbitragem e “Parte Fraca”: a Questão das Relações de Consumo

Abstract

ABSTRACT: The concept of arbitrability refers to the ability of certain disputes to be submitted to arbitration. Several are the divergences regarding the themes that can use in Brazilian law arbitration to solve the conflicts originating from contractual relations. Among these themes, topping of importance in the national scenario is the question concerning the possibility of consumer disputes to be submitted to arbitration. In view of the dynamism of consumer relations at present, it is necessary to search for alternative and effective mechanisms of dispute resolution, among which stands out the arbitration. However, the use of this mechanism for the resolution of consumer disputes in Brazil is denied due to the barrier imposed by article 51, VII, of Brazilian Consumer Code that considers abusive the clause providing for the compulsory use of arbitration, despite of the fact that article 4º, § 2º, of Brazilian Arbitration Law allows the use of this mechanism in adhesion agreements. This article, based on foreign and domestic doctrine and jurisprudence on the theme, quest demonstrate the feasibility of the use of arbitration in solving consumer disputes.