A arbitragem nos contratos administrativos ante a consensualidade na administração pública

• Autor(a) principal: Raulino, Mário Sérgio Coutinho
• Data de Publicação: 2013
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/27348
• topic: Contratos administrativos; Administração pública; Arbitragem (Processo civil)

The position of absolute state supremacy before individuals is a model of Public Administration coming from the XVIII century, when there was the need to ensure individual freedom and legality through a strong and centralized State. This supremacy, although it had had substantial importance to the building of a Democratic State of Law in its beginnings, has given room to the irresponsible exercise of administrative power by practices that do not lend themselves to the protection of fundamental rights, the primary public interest of the State. In this context, this paper intends to analyze the application of arbitration to administrative contracts as an alternative mean to judicial way in the settlement of disputes between the State and particular parties. In order to understand better the concept of arbitration, it will be studied relevant points of its historical development, as well as its characteristics in Brazilian Law. Due to its flexibility, lower cost and greater popular participation, it is concluded that the arbitration can resolve conflicts in a faster, cheaper and more effective way, protecting the fundamental rights of citizens and increasing the legitimacy of government decisions regarding disputes settlement.