Aplicação da nova lei de arbitragem na administração pública federal

Abstract

This present article searchs to analyse the arbitration institute and it’s application in the Federal Administration. In the last years the judicial request grew up, especially in the cases when the Federal Administration is’s envolved, to illustrate the fact, the numbers of the Tribunal Regional Federal da 3a Regiao were analyzed and showed that exist a really high congestion charge, confirming the actual judicial crisis. In this context, comes up the arbitrarion as an alternative way of conflict resolution for the Federal Administrarion, promissing speedy decisions, and not also less technical. The pratic of arbitration was already been used even before the inovation of the Law number 13.129/2015 and it was mainly diven because of the instauration of the Câmara de Conciliação e Arbitragem da Administração Pública Federal. This estudy analyses the incidence of the arbitration before and after the law, because in principle, only the atypical contracts could choose the arbitrantion and some typical contracts when the law expressly allowed. This article debates the reassurance of the arbitration use, as with the new permission to condescend in all contracts that delas property rights available, a raise of this practice of that way of solving conflicts, culminating in less lawsuits. Questions like judicial competence and types of judgment are also debated.