O “dever” fundamental do cidadão lesado de buscar a tecnologia para solucionar conflitos: uma análise sob a perspectiva do acesso à Justiça e à tecnologia

Abstract

This article aims to understand whether citizens who have had their rights violated have a fundamental duty to use available technological resources in an attempt to resolve their respective conflicts. The inductive method was used in the production of this academic work, searching for jurisprudence, doctrines and articles on various websites, as well as in scientific journals, to guide reflection on the proposed topic. This research led to the conclusion that, in general, citizens who have had their rights violated do not have a fundamental duty to use available technologies to resolve their own disputes, since not all individuals have access to such resources, It is up to the State to promote measures to allow this access in the cases of the least favored. Furthermore, it is worth observing the provisions of art. 5th, LXXVIII, of the Federal Constitution, which establishes the guarantee of the reasonable duration of the process and the speed in its progress. Therefore, it should be noted that it is not only up to the State to contribute to streamlining and speeding up procedural procedures, but also to the parties, as they benefit from greater speed and efficiency in responses, in addition to helping to unblock the Judiciary System.