A Resolução Online de Litígios (ODR) de Baixa Intensidade e seus Reflexos no Direito Internacional Privado: Uma Análise da Normatividade Polissêmica das Redes Numéricas

Abstract

The conservative nature of law, due to either its need for preservation of social structures or the disruptive nature of information technology and data transmission, imposes to the society new forms of relationship with the reality and demarcate the relationship, not always presented itself in a harmonious fashion, between law and technology. One cannot deny the existence of a certain dystonia between legal regulation and technological development and such fact leads to the formulation of two fundamental questions: is it possible to establish a dialogue between law and new information technologies without the lack of neutrality technology compromising the formation of a specific regulatory framework for cyberspace and the deriving conflicts? How to establish an online dispute regulation model that confronts both the ubiquitous and deterritorialized cyberspace character, reshaping the traditional concepts of geographic and jurisdictional boundaries so important to the International law, in particular to the Private International Law? The solutions found to such problems in the domestic sphere of state legal systems have clear reflections on the international scene, especially when dealing with legal relationships presenting an international connection. Unlike scientific knowledge, from an economic and a cultural point of view, technologies are not neutral, developing from its utilitarian needs to adapt to cultural life. The possibilities of using the technology for resolving disputes are immense. Its application requires from Private International Law a revision of the traditional theories of conflict of laws. ODR consists in using the resources of technology for alternative dispute resolution. The use of artificial intelligence in conflict resolution and the Dispute System Design tools (DSD) spill over national jurisdictional boundaries, requiring from private international law a review of its paradigms and traditional theories of conflict of laws and its jurisdictions.