Das potencialidades dos meios de resolução alternativa e online de conflitos no contexto nacional e europeu em matéria laboral | 2017

Author(s) Joana Filipa Gomes Rodrigues
Advisor(s) Marco Carvalho Gonçalves and Paulo Novais
Year 2017

Synopsis Who thinks Justice knows that, despite all of its problems, the common system of Justice is and will continue to be the spinal cord of the Justice Systems. On the other hand, who thinks justice also knows that’s not enough. It takes more! The society’s evolution, the globalization requests more. And it’s in this sense that in the twentieth century the extra-judicial systems of Justice sprout – the RAL means -, without the formalisms and the ritualisms of the judicial, having as an essential base the so called proximity. All this without forgetting that to understand the conflict and all that surrounds it is necessary to take into account the human part, since it is what brings us to this so-called proximity. Without it, there is no proximity and restorative justice. Platão already claimed that who had a conflict should seek a solution with neighbors, friends, who ever knew the facts, before going into court. Meanwhile and alongside this, in the twenty first century the Great technology of information and communication (TIC) development, with particular projection on the internet, boosted and challenged the RAL into converting to these means, originating what we call today as resolution of disputes in line (RDL). The present dissertation runs through these themes, namely the alternative resolution of disputes and the online dispute resolution in the laboral area. Here the intended is to broach these themes, know their work in Portugal and in other countries of the EU, in an attempt of expanding horizons and advertise these means as a fast and effective way in view of the contentious route called traditional.

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