Arbitragem e mediação no Setor Público

Abstract

This paper presents an approach to the use of arbitration in the public sector, with the aim of resolving conflicts between the public entity and the private, in a fast and non-bureaucratic manner. Judgments and jurisprudence before we can conclude that it is not only possible, but also be encouraged this practice. Still seen as a new legal tool in Brazil, it is characterized by informality, arbitration is an alternative method to the Judiciary that provides agile and technical decisions to resolve disputes, a method for resolving disputes outside the judicial branch in a or more arbitrators to issue decisions under a court sentence. It is used by voluntary agreement of the parties to the conflict, which eventually relinquishing discuss the matter in court. The choice of arbitration can be foreseen in the contract, even before you experience any dispute or performed after the emergence of the discussion agreement. As this is a private method that the parties to the conflict to elect one or more arbitrators, usually one or three, impartial and experienced in the area of dispute, to analyze the conflict, if there is no agreement, they emit the award, which has the force of a court decision. The Arbitration Act provides that the parties agree on the period for the arbitrator issued the sentence, otherwise, the law establishes a limit of six months for a decision. The absence of recourse against an arbitral award also contributes to the agility of the procedure, hence the speed with which the procedure reaches the arbitral award is a great advantage of this method over the traditional processing of the judiciary who normally sail ten years to reach a definitive solution. Thus, business transactions between the public entities and the private sector, could gain speed in resolving disputes that may have casually in their contracts. In the case study presented in this work of completion, shows this positive feeling in favor of the use of this legal tool for conciliation or arbitration results.