NATUREZA DA ARBITRAGEM E DO SISTEMA DE PRECEDENTES: A RELAÇÃO ENTRE O SISTEMA DE PRECEDENTES DO CÓDIGO DE PROCESSO CIVIL DE 2015 E A ARBITRAGEM DE DIREITO

Abstract

The present research propose to investigate the link between arbitration by law and the system of precedents in the Brazilian’s Civil Procedure Code from 2015. Therefore, it seeks to establish the concept of arbitration and the perception if there is a possibility to consider the legal nature as a jurisdiction, to get possibles answers for the principal question, at first, the paper defined the concept of arbitration and jurisdiction to after take care of the clash between the contractualist and jurisdictional theories. After that, the paper was able to reached the reflection which correlating the subject through the principle of unity of jurisdiction. In addition, the same movement is made in relation to the system of precedents of the CPC of 2015, previously establishing the concept of precedent, as well as the perception of the system of precedents of the CPC of 2015 and the investigation of its legal nature as a source of law . Establishing these premises, it was possible to observe the possible link between arbitration by law and the system of precedentes