O uso de arbitragem dentro do contexto da Administração Pública do Brasil

Abstract

The main aspect of the present work is to present how the use of arbitration within the Public Administration proceeds, having as main objective to discuss about its use, pointing out its fundamental characteristics and the basic principles that proceed, having as light the Law no 13.129 /15, whose main function was to change the previous arbitration law, bringing a new look at the general legislative consent for the use of this elective path for the solution of conflicts addressed within the public power. The hypothesis raised, which is confirmed at the end of this work, is the possibility of applying arbitration in the fundamentals and main conflicts that involve the Public Administration, since this is a common feature within private law. In order to do so, the historical context of arbitration within Brazil, its fundamentais characteristics and the advantages approached through the adhesion of this method were initially analyzed. Therefore, to analyze in depth, it was necessary to base a methodology that approached a scientific research with exploratory and documentary characteristics, having as a function the familiarization with the subject for those who have access to this content and thus exercise critical and fundamental thinking. your opinion based on the cited authors. It is concluded that the use of arbitration within the Public Administration is well used in certain cases, thus bringing the reduction of conflicts and exercising the benefits of this methodology that is carried out outside the judicial process through the principles that define it.