Open AccessPushing for Sustainability through Technology: administrative consensuality by default and online dispute resolutions tools
Author(s) -
Cássio Bruno Castro Souza,
Justo José Reyna
Publication year - 2021
Publication title -
international journal of digital law
Language(s) - English
Resource type - Journals
ISSN - 2675-7087
DOI - 10.47975/ijdl/1souzareyna
Subject(s) - choice architecture , administration (probate law) , limiting , business , architecture , promotion (chess) , economic justice , law and economics , public relations , public administration , political science , economics , law , microeconomics , engineering , mechanical engineering , art , politics , visual arts
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.