A autotutela nos contratos eletrônicos: viabilidade, relevância e limites

Abstract

The aim of this study is to analyze the feasibility and relevance of self-protection as an extrajudicial mechanism for contractual conflict resolution, especially in the digital environment, which is carried out by the interested contracting party itself. To this end, a qualitative methodology is adopted based on doctrinal research, legislative interpretation and bibliographical survey in the fields of Contract and Obligation Laws, with a focus on new technologies, more specifically on electronic contracts and the subcategory of smart contracts. The expansion of non-jurisdictional solutions to conflicts has been demonstrated, such as the adoption of the multi-door system by the 2015 Code of Civil Procedure (CPC/15) and the movement towards the non-judicialization of enforcement, in accordance with the process of making obligations functional to the real satisfaction of the interests that underlie them, and with the pursuit for greater effectiveness of the legal mechanisms to protect such interests. In this context, self-protection, founded on the constitutional principle of autonomy, also finds fertile ground for its development, given that the adoption of new technologies in contractual relations is a factor that further favors its exercise. However, in order to use the instruments of self-protection, even in the scope of electronic contracts, it is necessary to be consistent with the constitutional order, which imposes certain limits on its operability.