Integração da cláusula arbitral como instrumento de acesso à justiça: proteção ou restrição aos direitos da personalidade?

Abstract

This article highlights the importance of implementing alternative conflict resolution methods, with an emphasis on arbitration, as an effective instrument for access to justice and the protection of fundamental rights and personality. To this end, it is based on the contextualization of arbitration as a method of providing access to justice and protection of personality rights, on the analysis of the role of the arbitration clause in this context and, also, on the reflection on the constitutionality of the arbitration clause in the appropriate means of conflict resolution. The approach method adopted is deductive, with a descriptive approach as a method of procedure, and the study is classified as bibliographic. It is concluded that arbitration is an extremely important institution as an adequate means of resolving conflicts, as it provides faster responses and effective access to justice, and is not considered unconstitutional when the parties opt for adequate conflict resolution.