ADEQUATE METHODS OF RESOLVING TRADE CONFLICTS: HISTORICAL AND LEGAL PERSPECTIVE IN BRAZIL

Abstract

In recent years, appropriate conflict resolution methods, such as mediation and arbitration, have stood out as efficient solutions for resolving commercial disputes in Brazil. This article examines the transformation of commercial conflicts and the evolution of these methods, offering a historical and legal perspective. The growing importance of these methods reflects a continuous search for legal certainty and attraction of investments, especially in an increasingly dynamic and globalized economic environment. Appropriate conflict resolution methods emerge as an effective solution, offering faster and more adaptable alternatives to market needs. The adoption of these methods in Brazil was influenced by internal factors, such as the need to alleviate the burden on the judicial system, and by external pressures, including globalization and harmonization with international practices. Legislation, such as the Arbitration Law (Law 9,307/1996) and the Mediation Law (Law 13,140/2015), established clear and reliable legal frameworks, promoting the culture of dejudicialization. Although adequate conflict resolution methods offer benefits, their implementation in Brazil faces challenges. The lack of familiarity and confidence in the methods, cultural and institutional resistance and the need for training and training of mediators and arbitrators are barriers that need to be overcome. Technological innovations offer new possibilities to increase the efficiency, transparency and safety of processes. The evolution of these methods in Brazil reflects a continuous process of modernization and adaptation to market needs.