A defesa do interesse público nos procedimentos arbitrais envolvendo o poder público

Abstract

Considering that, currently, the criticisms proposed by the doctrine to the possibility of initiating arbitration proceedings involving the Public Administration concentrate their basis on an alleged damage to the interests of the community, research is being done on the defense of the public interest in such cases in order to demonstrate the possibility of, using arbitration as a means of resolving the conflicts in which it is a party, the Public Power achieve its main purpose of acting on the public interest. Therefore, it is necessary to clarify what these interests consist of, to present the tendency to apply consensus in the Administration and to refute the most relevant grounds used in opposition to the use of arbitration in conflicts involving the Administration. A broad bibliographic, jurisprudential and legislative research is then carried out on the subject. In view of this, it is clear that arbitration involving the Public Administration is fully possible and that the procedure, contrary to what most critics defend, enables the best and most efficient realization of the interests of the community.