A relativização do interesse público na hipótese legal de arbitragem nos contratos administrativos
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Date
2021-06-17
Journal Title
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Volume Title
Publisher
Universidade Católica do Salvador
Abstract
This paper aims to analyze the Institute of Arbitration in administrative contracts from
the perspective of the principle of unavailability of public interest. In view of this, the
aim is to assess whether, in general terms, there is or is not incompatibility between
the Public Administration and the Institute of Arbitration and, if there are not, the
limits of objective arbitrability in administrative contracts. In addition, it presents the
diagnosis of the historical process of arbitration in Brazil and the origin of the
traditional controversies on the subject. Finally, it is also highlighted, although there
are still doubts that hover around the matter, as the specialized literature and the
National Courts have unraveled the issue involving arbitration and Public
Administration, as well as offering solutions that, therefore, have become himself
object of legal device.
Description
Keywords
Arbitragem, Interesse público, Contratos administrativos, Arbitrabilidade, Arbitration, Public interest, Administrative contracts, Arbitrability