ARBITRAGEM NA ADMINISTRAÇÃO PÚBLICA: LIMITES E VIABILIDADE

Abstract

The possibility of public administration in taking part of arbitration process has been object of discussion for a long time, mainly when the constitutional paradigms and from Administration Law are in question, as the principal of legality, unavailability of public interest e the principle of publicity, which for a long period of time has been taken as incompatible with the arbitration. That is the reason, the arbitration is a way of conflict resolution, in which the parties by means of a compromise clause or arbitral compromise, delegate to an individual or private entity (impartial third party), the jurisdiction to certify a right. In the present paper, it Will beanalyzed the historical evolution of the Administrative Law and its two main administrative reviews in Brazil, approaching the arbitration as a method of conflict resolution and its historical legislative evolution in Brazil, enabling its implementation within the public administration. Then, the arbitration contractual jurisdiction Will be reviewed, with the transactional delimitation in the strictly public nature conflict, facing the incompatibility to the arbitration with the public administration and, in the end, Will be presented the results of the research about the viability of arbitration with the public administration and its limits, before the constitutional paradigms and the administrative law