Perspectiva constitucional dos meios privados de resolução de conflitos

Abstract

The objective of this article consistsin the delimitation of the place occupied by the private dispute resolution methods within theframe of the Brazilian constitutional order. More specifically, the main goal is to determinate if those methods can fall under the protective system of the eternal clauses, considering thattheir practices are associated with the access to justice, which, as a legal guarantee, is declared by the fifth article, XXXV, of the current BrazilianConstitution. The same Constitution, according to the 60th article, IV, protects that guarantee as an eternal clause. Thus, we investigate if and towhat extent the use of private dispute resolution methods can be found inserted in the core of the legal guarantee of access to justice. Suchrelation will be mainly explained with the help of the philosophical themes provided by the Contractualism and also by legal theory themesconcerning sovereign power and jurisdiction. In order to achieve this goal, this article employs the hypothetical-deductive method assisted by literature review and documental analysis.