Arbitration of Conflicts With the Públic Administration

the reason for the denial and the legitimacy of the acceptance

Abstract

Carefully based on two major principles of Brazilian Law, the Principle of Unavailability of Administration, present in Administrative Law, and the Principle of Celerity, typical of Procedural Law, Conflict Arbitration as an Appropriate Form of Conflict Resolution assumes a position of enterprise in disentangling of the risky market of contracts with the Public Administration. It so happens that the State-judge is the subject of great controversy regarding its capacity and impartiality in resolving conflicts that deal with direct or indirect public interests. The advances in legislation in the sense of accepting arbitration as a way of settling conflicts between the private sector and the public sector reveal the overcoming of an old problem of application, the lack of legitimacy for the method, at the same time as a strong tendency aligned with the International Neoliberal Policy. In this sense, this study aims to answer: How is the application of the arbitration institute in Public Administration? For this purpose, bibliographical and documental research is carried out. It is understood that this study is extremely important as a way of clarifying a notoriously controversial issue. The study demonstrates the use of arbitration as a way of mitigating the state's monopoly on conflict resolution, without moving away from the rigidity of the resolution process, a hallmark of arbitration evident in heterocomposition as a way of asserting rules. It is in the meantime that there is an interest in improving trust in private contracts with the Public Administration