Arbitragem e a Fazenda Pública: pagamento voluntário e burla ao sistema de precatórios

Abstract

For some years, the Brazilian scenario was not favorable to the performance of arbitration by the Public Administration, the Federal Court of Accounts, for example, was its biggest opponent. However, with the progress of execution regarding the efficiency and agility of arbitration proceedings, the Public Administration started to admit it. Law 12,129 of 2015 was the main milestone, as it expressly provided for the possibility of the Administration submitting to an arbitration court. With that, as they were deepened: applicable principles of Public Administration, arbitrability rules, procedure, among others, gained space in the doctrine. However, what stands out, appearing as a point of current debate, is the execution of an arbitration award. Since, some scholars defend that it must follow the constitutional provisions of the precatory, others say that it is against the very logic of choosing arbitration, because if the most appropriate way is arbitration, it would not make sense to return to the common justice to execute the sentence . Thus, this monograph aims to discuss compliance with the arbitration award in the face of the Public Treasury, in order to debate possible forms of satisfaction without necessarily resorting to the Judiciary