ADEQUATE TREATMENT OF CONFLICTS ONLINE: REALISING THE RIGHT TO HEALTH IN THE CONTEXT OF THE COVID-19 PANDEMIC

Abstract

The article addresses the treatment of conflicts by appropriate methods, especially in health matters, considering the challenges arising from the coronavirus pandemic (COVID-19) and the necessary adaptations for maintaining essential services. The objective of the work is to analyze ways of achieving the right to health during the period of social isolation.  To fulfill this purpose, a comparative study of the experiences of Portugal, Argentina and Brazil was carried out, given that the selected countries quickly edited normative instruments that allow or reinforce the authorization of the use of virtual spaces in dissension pacification in the context of the COVID-19 pandemic. The investigation starts from the hypothesis that the appropriate methods of dispute composition are adaptable to the context of the pandemic – especially when taking advantage of the forms of Online Dispute Resolution (ODR). In addition to the comparative study undertaken, it took advantage of dogmatic analysis and bibliographic and documentary research, with a survey of national and international normative texts on the right to health and its forms of materialization. Finally, the work discussed whether the use of Information and Communication Technologies (ICTs) is relevant to continue conflict management. The text concluded by characterizing ODRs as manifest expressions of access to justice in times of COVID-19. 

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