THE EXTRAJUDICIAL METHODS OF DISPUTE RESOLUTION AS A GUARANTEE OF PERSONALITY RIGHTS THROUGH ACCESS TO JUSTICE

Abstract

This article proposes a comprehensive analysis of personality rights, examining their historical developments, fundamental principles, and specific categories. Personality rights are essential elements in the protection of human dignity, encompassing intimate aspects of an individual's life such as physical integrity, privacy, and image. Furthermore, the study highlights the challenges related to access to justice in the pursuit of safeguarding these rights. The traditional path to justice often presents delays and substantial costs, rendering it inaccessible to a significant portion of the population. In this context, the article explores Extrajudicial Methods of Dispute Resolution (EMDRs) as an effective and accessible alternative for the protection of personality rights. Mediation and arbitration are emphasized as means that promote the swift and respectful resolution of disputes, allowing the involved parties to play an active role in seeking solutions. The deductive approach was used as the methodology, employing comparative procedures and historical reviews, grounded in both national and foreign literature. At the end of the article, it is expected to demonstrate the role of EMDRs as an instrument for the effectiveness of personality rights due to their facilitating characteristic in ensuring access to justice.