A arbitragem e a mediação nas disputas envolvendo entes públicos

• Ano de defesa: 2015
• Autor(a) principal: Silva, Fabricio Rocha da [UNIFESP]
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de São Paulo (UNIFESP)
• Palavras-chave em Português: de-judicialization; public policys; arbitration law; mediation law; public manager; s liability; tax enforcement; desjudicialização; políticas públicas; lei de arbitragem; lei de mediação; responsabilidade do gestor público; execuções fiscais
• Link de acesso: https://sucupira.capes.gov.br/sucupira/public/consultas/coleta/trabalhoConclusao/viewTrabalhoConclusao.jsf?popup=true&id_trabalho=3234775; https://repositorio.unifesp.br/handle/11600/46602

Studies carried out in different countries of the world found that there is an institutional crisis within the Judiciary in connection with the incapacity of the States to deal with a soaring increase in the number of lawsuits. Besides the high costs resulting from the maintenance of the Judiciary structure, the litigiousness culture is being challenged, since many believe that the de-judicialization of the disputes and the adoption of alternative measures for the settlement of conflicts ? arbitration and mediation ?is the most effective way to deal with the problems faced in connection with the provision of judicial remedies by the Judiciary. In Brazil, face the judicial crisis provided the use and dissemination of alternative methods of dispute settlement in the public sector, as public authorities are the main actors of the state and federal judiciary today, accounting for over 60% of cases in pending in state and federal courts. Changing the Arbitration Law (Law 13.129 /2015) and the establishment of mediation law (Law 13.140 /2015) came to meet this defendant, as these legal innovations brought express permission for the public to be able to use this form of resolution conflict. The tax foreclosures of federal, state, municipal and federal district nature concentrated, for example, more than 41.4% of all outstanding shares in the judiciary. While the application of mediation could be used for the pursuit of reducing the number of tax foreclosures, the law of mediation failed to point out objective criteria to be followed by the public officer in the case of agreements with private individuals, which can bring personal responsibility to managers it is essential that the public manager to guide its operations for the defense and preservation of public interest.