A arbitragem como opção de saída para a resolução de conflitos empresariais

• Ano de defesa: 2007
• Autor(a) principal: Machado, Rafael Bicca
• Orientador(a): Santos, Hermílio
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul; Porto Alegre
• Palavras-chave em Português: CIÊNCIAS SOCIAIS; SOCIOLOGIA ECONÔMICA; GLOBALIZAÇÃO; ARBITRAGEM (DIREITO); ARBITRAGEM - BRASIL - LEGISLAÇÃO; PODER JUDICIÁRIO; ECONOMIA; DIREITO EMPRESARIAL
• Link de acesso: http://hdl.handle.net/10923/1932

This essay addresses Law 9,307/96, known in Brazil as the New Arbitration Law, in relation to its possible use as an exit for the Judiciary Power's problems, for the resolution of conflicts of business nature, as a consequence of a lowering in the quality of the Statebased dispute resolution system. To this end, primarily based on the concepts of exit, voice and loyalty, developed by Albert Hirschman, in the 70s, to attempt to demonstrate to what extent these may assist in the comprehension of the social-economic context, which led to the passing of the above-mentioned law. The work incorporates, still, some points from the works of Max Weber, Talcott Parsons e Émile Durkheim, especially in relation to the analysis of legal and economic issues, in addition to some works from schools of thought such as: New Institutionalism in Sociology, New Economic Sociology, New Institutional Economics, and Law and Economics, so as to make viable the analysis of business arbitration and of Law 9,307/96, in light of what Richard Swedberg, calls a New Economic Sociology of the Law. The text approaches issues such as the importance of the contract in the economic and social life, the consequences following from the admission of a limited rationality, the relationships between arbitration and globalization, the existence or nonexistence of its necessary attachment to liberal ideals, and the advantages of the arbitration procedure in comparison with the State-based court system. Further, there are interviews with two of the most important players responsible for the drafting of the New Arbitration Law, to obtain their impressions in relation to the theoretical development made during the preparation of this essay.