A inconstitucionalidade da lei de arbitragem face aos princípios constitucionais.

Abstract

E cedigo that the installment of the service jurisdicional on the part of the State is quite deficient, such the slowness with that it is obtained, in practice, a state answer, resulting in damages for the society, to generate unproductive expenses, to discourage possible investments of capitals and to produce, finally, relevant economical losses. Besides, not being assisted with readiness in their needs, the population discredits in the justice, being formed a quite noxious atmosphere of juridical insecurity to the social life. The Law n. 9.307/96, transforms the institute of the arbitration in true alternative to the traditional jurisdiction, providing to the citizens the fast, effective and little onerous solution of the conflicts of patrimonial interests, by the instrumental and adjectival performance of the State, he/she also brought to the judgement by arbitration innovations to his/her applicability, waking up antagonistic and favorable opinions the about of his/her unconstitutionality face to the constitutional beginnings. For the sharpness of the discussion in the it had had dinner juridical, there was the choice of the theme. The research has as objectives besides explaining the existent controversy among the specialists of the right, to study the general and specific aspects of the institute and the pertinent legislation to the matter, through the methods bibliographical, historical-evolutionary and exegeticojuridical, delimited among the three chapters of the work. As for the conclusion in response to proposed problematizagao: is there been or no unconstitutionality in the Law n. 9.307/96? had a parallel one been made among the two positionings regarding the theme. Providing satisfactory results, which the reader will verify during the reading of the work.