A ARBITRAGEM NOS CONTRATOS DE PARCERIA PÚBLICO-PRIVADA.

Abstract

Sought by means of an historical-legal study, doctrinal and jurisprudential examine the compatibility of the arbitration of employment in the public-private partnership contracts. It is observed in the current context a new government stance on government contracts, with the valuation of parity, participation and consensus in the relationship being the public partner and the private. Among the innovations of the law of public-private partnerships is the possibility of dispute settlement by nonjudicial means, in particular the application of the arbitration. Others that there was also a recent update of the arbitration law for the device inclusion expressly authorizes the application of arbitration in dealing between the Contracting Authority and private contractor. Thus the study has the objective to analyze the possibility of using the arbitration specifically in partnership agreements. Despite the question initially find barriers in the guiding principles of public administration, the principle of availability, supremacy of public interest, legality and publicity, a deeper approach allows us to observe that the use of arbitration, noting some limitations, does not shame such principles, and noticeable that both the Brazilian legislators as the homeland jurisprudence has increasingly inclined to accept arbitration as an alternative means for resolving disputes arising from administrative legal and contractual relationship.