Arbitragem com a Administração Pública: aspectos teóricos e a visão de seus agentes

Abstract

Arbitration is an alternative dispute resolution procedure, in which through an arbitration clause or arbitration agreement, the parties submit to arbitrators the competence of making a binding decision on the conflict. Despite being widely used between privates, much has been discussed about the possibility of arbitration with the Public Administration. In this paper, an analysis will be made of the obstacles that were used against arbitration with the Public Administration, such as the principle of legality, unavailability and supremacy of the public interest and the principle of publicity. The legislative advances on the subject over the years and the specificities of arbitration in the administrative legal regime will also be analyzed, and at the end the results of the research carried out with public and private lawyers will be presented, which aimed to transcribe the professional’s perception in relation to the practical aspects of arbitration with the Public Administration.