Adequacy of using the consumer.gov platform under the economic analysis of law:

approach from the perspective of Owen M. Fiss.

Abstract

This article aims to propose parameters for the proper use of the Consumidor.gov platform, an online method for resolving consumerist conflicts within the scope of direct, autarchic and foundational Public Administration. To this end, an approach is made to alternative methods of conflict resolution, since their inception, marked by optimistic perspectives, with an addendum on the use of online platforms for this purpose, and on the criticisms of the doctrine, especially the by Owen M. Fiss, from the essay Against Settlement. Subsequently, the Economic Analysis of Law is used to investigate the reasons that justify the search for consensual methods of conflict resolution, especially the economic and informational differences between the parties. Once these differences are defined, the aim is to identify the benefits and risks of submitting to Consumidor.gov, and the hypotheses in which its use is appropriate, to guarantee voluntary adherence, without prejudice to the satisfaction of users' material rights. The deductive research method was used, with a bibliographic review. The research resulted in obtaining data on the platform, especially on conflict resolution rates and differences in consumer perception of the responses obtained. Therefore, its use is indicated for less complex conflicts, in which there is willingness on both sides to promote the effective protection of the controversial substantive law.