Administração pública no juízo arbitral.

Abstract

This paper focuses on the use of arbitration institute under contract commonly performed by public authorities with legal entities of private law. Your goal is to demonstrate the viability of Public Administration establish legal arbitration agreements with private contractors. For this work, is part of the premises arising from general concepts of subjective and objective arbitrability in order to reach that point until they reach the Public Administration and interests that involve addressing thus the object of this work in light the deductive method. On the other hand, the research technique adopted is the literature. The work is divided into three chapters: the first is located in the arbitration between the means of conflict resolution, in the second deals with the public administration, administrative principles and administrative contracts, and the third, we analyze the possibility of the arbitration agreement in Administration contracts from the investigation of subjective and objective arbitrability of such conventions. It was found that the Administration may participate in the arbitration to resolve issues involving predominantly equity interests, including those dealing with the public interest side, and that given the current legal system, the principles governing public administration are not tainted by practice of arbitration by the state entity. Furthermore, it was found that, given the new context of consensual government, public administration, to avail themselves of arbitration, can reap benefits.