Arbitration Institute of Modernization in Contemporary Scene From the Perspective of New Brazilian Civil Procedure Code

• Main Author: Dias, Feliciano Alcides
• Publication Date: 2015
• Format: Article
• Language: por
• Source: Revista de Formas Consensuais de Solução de Conflitos
• Download full: http://www.indexlaw.org/index.php/revistasolucoesconflitos/article/view/1014
• topic: Access to justice; Jurisdiction; Arbitration; New civil procedure code; Acesso à justiça; Jurisdição; Arbitragem; Novo código de processo civil

The complexity of contemporary society has led to the existence of conflicts in excessive degree of legalization, resulting from a demandista culture coupled with the inefficiency and delays in the provision of state judicial services. This traditional model of conflict resolution is the result of a mistaken reading of the constitutional guarantee of access to justice that took, long, a monopolistic feature, turning the Brazilian Judiciary in a multiport system to receive any kind of demand. However, not every conflict of interest claims the provocation of state jurisdiction, worth observing the democratic dimension of access to justice established by the new Civil Procedure Code, referring to arbitration as an appropriate means of conflict resolution in private. In this context, the new legislation reforming and updates the Law of Arbitration, the expectation is modernizing its institute of court, without state intervention.