A arbitragem como alternativa para diminuir a morosidade do sistema judiciário brasileiro

This thesis is about arbitration, a form of alternative dispute resolution, as a solution for the slowness of the Brazilian Judiciary. The paper starts with an approach of the fundamental rights, highlighting their positivation, important to distinguish them from human rights, the four dimensions of the fundamental rights and, lastly, the analysis of their features, emphasizing their characters of complementarity and universality. After, it starts to discourse about the “access to Justice”, an important fundamental right, and, to delimitate the role of the Judiciary and the problems related to solve cases in a reasonable amount of time. Next, it exposes other alternative forms of dispute resolutions that, like the arbitration, can help to the concretization of a faster and more effective Justice. Then, it discusses the historical evolution of the arbitration in Brazil, highlighting the contemporary features of the institute, which were more visible with the ratification of the New York Convention and the promulgation of Law nº 9.307/1996. In addition, it analyses the possible changes that will come with the New Brazilian Procedure Law Code and the PL 7.108/2014, intended to change the current Arbitration Law. It also explains the main arbitration attributes, describing the peculiarities of the arbitral convention, the arbitrator role, and the arbitral award aspects. At least, it lists the main reasons someone should choose arbitration instead the Judiciary, considering the Brazilian Courts reality.

Arbitragem de consumo no direito brasileiro

This dissertation analyzes how the current Constitution and the Brazilian law establish consumer protection, arbitration and access to justice. Following we try to demonstrate why arbitration is a method rarely used in the resolution of consumer disputes in Brazil. It also examines the doctrinal and jurisprudential aspects of the conflict between the Brazilian Arbitration Law (Law nº. 9.307/96), which allows the arbitration clause in contracts of adhesion, and the Consumer Protection Code (Law nº 8.078/90) that in article 51, VII, considers as abusive the arbitration clause. Furthermore, analyzes new proposed bills under scrutiny by the National Congress on the issue and identifies the causes, in the Brazilian legal system, hampering the use of arbitration in consumer relations. Concludes that there are no principle obstacles preventing consumer litigations to be settled by arbitration. High costs, mistrust, oppression, misinformation of consumers and non-participation of the State, being a totally private institute, are factors that generate distrust, suspicion, and have prevented the development of arbitration in consumer relations in Brazil.

Access of WetAMD and DME patients to treatment in public hospitals

Degeneration (WetAMD) and Diabetic Macular Edema (DME) patients’ access to treatment in public hospitals, by identifying bottlenecks and stress points that prevent timely and adequate care to patients who suffer from a degenerative disease, and consequently for whom the lack of access to treatment can have disastrous consequences. Considering the specificity and degenerative traits of these conditions, the long queues for specialty appointments in public hospitals are a significant threat to patients’ health, as the disease may be misdiagnosed and or progress significantly, causing unnecessary permanent and non-reversible loss in visual acuity. Therefore optimizing the patient journey will increase patients’ access to adequate treatment, and prevent avoidable progress of a degenerative condition which causes permanent and non-reversible blindness. Following the investigation which supports this thesis, the patient journey was broken down into its different phases, so that key issues could be identified, and referred back to the main stress points highlighted during the interviews with physicians and administrators. Finally results were scrutinized and systematized, and a set of action points was proposed, considering what may cause major impact and is actually feasible to implement.