O cabimento da arbitragem como meio de solução de litígios oriundos de contratos administrativos

Abstract

Examines the sociological origin of conflicts and the historical evolution of the means of dispute resolution. Analyzes the law's function of dealing with conflicts in a context of state jurisdiction crisis. Outlines the concepts and characteristics of arbitration, expounding on his controversial legal nature. Points the advances brought by Law No. 9.307/96 to the arbitral microsystem. Analyzes the regulation made by new Civil Process Code Project Law. Studies the Public Administration and its legal framework. Explains the administrative function and delimits the outlines of public interest notion. Conceptualizes administrative contracts and highlights its importance to the achievement of administrative function. Discusses arguments contrary to the admissibility of the arbitral way in administrative contracts ambit, explaining the inappropriateness of each one of them. Demonstrates arbitration's adequacy, because of ist celerity and technical capability, to resolution of conflicts originated from administrative contracts, which require a fast and efficient solution, for directly involving the achievement of public interest.