As particularidades da aplicação da lei de arbitragem à administração pública

Abstract

The purpose of this study was to demonstrate the compatibility of the arbitration institute with the Public Administration, starting from the analysis of the availability of rights and assets and the secrecy of the arbitration procedure, as well as the administrative principles of the primacy of the public interest over the private, the unavailability of public interest and publicity. Seeking the success of this purpose, the institute of arbitration was first presented, its concept and characteristics to be followed by the availability of rights and secrecy. It was also the purpose of this paper to introduce a brief explanation about the concept of Public Administration and its legal regime, presenting the principles of the primacy of the public interest over the private, the unavailability of public interest and publicity, in order to verify the compatibility of the institute of the arbitration in relation to the Public Administration. Finally, the conclusion was drawn on the study of the focused question, emphasizing the justifications of not afront of the institute to the Public Administration.