DA POSSIBILIDADE DA ARBITRAGEM COMO MECANISMO DE EFETIVAÇÃO DOS DIREITOS DO CONSUMIDOR E DO PRINCÍPIO DA RAZOÁVEL DURAÇÃO DO PROCESSO: ANÁLISE DO RESP 1.742.547.

An unprecedented decision handed down by the Superior Court of Justice deals with the application of arbitration in consumer law: once the option for arbitration is accepted, after the conclusion of the agreement, the consumer can no longer bring this matter to court, with a new exception to access to justice as a fundamental right as a counterpoint to the fact that consumer protection is a norm of public order. The study analyzes Special Appeal No. 1,742,547, deepening the verification of arbitration as a mechanism to enforce consumer rights and the principle of reasonable duration of the process. To support the study, a literature review involving phenomena related to the theme had been carried out, also using the inductive method for argumentation. The results pointed to two currents of analysis involving access to justice, one that considers access to justice as a synonym for access to the Judiciary and another that considers it in a broader character, with the arbitration institute being applicable. However, in fact, it was understood that arbitration is a valid mechanism for the enforcement of Consumer Rights and compliance with the Reasonable Principle of the Process, with this institute being more beneficial than the judicial process, as long as they are complied with some fundamental requirements, such as the parties' autonomy of will. [ABSTRACT FROM AUTHOR]