JUSTIÇA MULTIPORTAS E TUTELA ADEQUADA: ANÁLISE DA CLÁUSULA COMPROMISSÓRIA ARBITRAL NOS CONTRATOS DE CONCESSÃO DE SERVIÇOS PÚBLICOS

Abstract

This academic work aims to demonstrate the way that litigious culture gave rise to the overcrowding of Judiciary Branch, conjuncture that contributed to the structuring of other models of conflict resolution, with fulcrum on the Multi-door Courthouse theory headed by Frank Sander. Therefore, it became evident the evolution of jurisdiction’s conception which came to be interpreted alongside its equivalents, as well as under arbitration, giving privilege to the regulatory or guarantee model, responsible for encouraging and guiding the activities of interests developed in the private sphere, greatly impacting the traditional vision of a hierarchical administrative organization. Overcoming the vertical relationship of the past, the adoption of arbitration as an instrument for conflict resolution was demonstrated, leading to the mitigation of the unavailability of the public interest. Finally, it was highlighted the impossibility of the State to centralize the provision of all public services in its hands, which is why the concession of these services became a reality. In this attempt, the presence of the arbitration clause has established itself as an important tool to face the sluggishness inherent to the Judiciary, which often represents an obstacle to the adequate protection of any contractual impasses.