Propuesta de un esquema de gestión que facilite el acceso a la justicia en los sistemas de solución de controversias de los procesos de integración suramericanos

Abstract

This research intends to propose a management scheme that facilitates access to justice in the dispute settlement systems of the South American integration processes that are: CAN, MERCOSUR and UNASUR. The result of this work considers and evaluates the opinion of the trilogy of key actors in dispute resolution systems: i) judges, arbitrators or justice operators; ii) lawyers, academics or facilitators of justice; and iii) users, countries, facilitating organisms, natural or legal people who would be interested in using such services. In addition, we analyze and compare with existing theory, traditional tools with those of the 21st century, to select those that allow accessibility to justice, especially when dealing with integration processes, which concentration of the justice system makes access difficult for the user. We establish that, with adequate tools such as digital platforms, information and communication technologies (ICTs) and other virtual options, we could avoid the defenselessness of certain cases that, due to lack of accessibility, would occur. The traditional management scheme lacking these technological tools is not acceptable at the present time, therefore, the South American integration processes should provide their users with accessibility, through virtual and technological tools, especially considering that traditional methods don´t let the justice be effective. In the final part we propose some actions to begin the construction of the new management scheme, which will allow an accessible and effective justice.