Mitos, crenças e a mudança de paradigma da arbitragem com a administração pública

Abstract

One year after the reform of Arbitration’s Law came into force, the moment requires an overcoming of the narrow focus about the unavailability of the public interest in order to let another issues flourish. Considering the enhancing of regulation over important sectors of economy to which arbitration has been linked as an ADR tool (ports, energy, PPPs, public procurement), the next step involves the harmonization of legal regimes aiming to endeavor arbitrations with public administration. This article analyzes the overcoming of the first obstacles’ phase and beliefs raised against the arbitration with public administration. In the first part some questions are addressed and few myths are pointed out. Next, the article presents some tools employed to overcome dogmatic premises. Further, it concludes with factual and practical aspects of arbitrations governed by the reform of Arbitration’s Law.