A ARBITRAGEM COMO MECANISMO DE RESOLUÇÃO DE CONFLITOS NOS PROCESSOS DE CONTRATAÇÕES PÚBLICAS

Abstract

This text aims to present a discussion related to the use of arbitration in contracts with the government, more specifically, in public contracts. For this, methodologically based on the assumptions of qualitative research, bibliographical descriptive character, it was sought, from current legislation and doctrines, to establish some theoretical articulations related to the applicability of this principle in public administration. Such articulations show that the doctrine has been positioning itself in the sense that there is a certain division at the level of public interest regarding the analyzed object, in the sense that only when it is primary, that is, the nature of the collective is really essential, does it lack enjoy the unavailability of the public interest, but in other cases, which are of secondary interest and deal with economic situations, the use of arbitration by the Public Administration is fully acceptable and even beneficial. In addition, it appears that the procedure, when installed, results in extremely technical decisions, with expert referees, obeying efficiency and bringing speed to decisions in a country where there is still a lot to be done by the infrastructure sector, for example, warding off erroneous decisions by auctioneers and servers, who in most cases do not have the technical knowledge to make a decision.