Arbitragem enquanto método de resolução de conflitos envolvendo a Administração Pública: segurança jurídica e eficiência administrativa efetivadas mediante a aplicação de cláusula compromissória arbitral

Abstract

This study examines arbitration as a method of resolving conflicts involving Public Administration, emphasizing its importance for legal certainty and administrative efficiency. Historically considered an alternative to the Judiciary, arbitration has evolved into a consolidated and appropriate dispute resolution mechanism, particularly in the context of administrative contracts. Law No. 9.307/1996 represented a crucial regulatory milestone in institutionalizing arbitration in Brazil, granting it autonomy and legal effectiveness. Subsequently, the reform introduced by Law No. 13.129/2015 was essential to clarify the applicability of arbitration to Public Administration, addressing doctrinal and jurisprudential debates regarding its compatibility with administrative principles such as legality, public interest supremacy, and the inalienability of public assets. Furthermore, this study explores the historical evolution of arbitration in Brazil, from its early legislative provisions during the imperial period to its broad acceptance in contemporary legal frameworks. It also examines the application of arbitration clauses in administrative contracts and their role in enhancing predictability and stability in State-private sector relations. Furthermore, it discusses the benefits of arbitration for Public Administration, particularly its ability to reduce transaction costs and ensure greater efficiency and agility in dispute resolution compared to traditional litigation.The methodology is based on bibliographic and documentary research, covering legal doctrines, legislation, and relevant case law. The findings indicate that arbitration strengthens public governance, serving as a strategic tool to improve administrative efficiency and attract investments while ensuring greater legal certainty in contractual relations with private entities.