The Arbitration Law in Brazil and the need to update

• Main Author: de Sousa Lemos, Eduardo
• Publication Date: 2024
• Other Authors: Felix Pereira, Rejane
• Format: Article
• Language: por
• Source: Revista Controle (Online)
• Download full: https://revistacontrole.tce.ce.gov.br/index.php/RCDA/article/view/917
• topic: Lei de Arbitragem; litígios; solução de conflitos; Arbitration Law; disputes; conflict resolution

Arbitration is the oldest institute used by society as a means of resolving conflicts. In Brazilian law, arbitration has already been provided for in Philippine Ordinances since the period of colonization. Despite being provided for in legal standards, arbitration only underwent significant regulation in 1996 with the publication of Law nº 9.307/1996, which represented a major advance at that time. However, new improvements occurred with the sanction of Law nº 13.129/2015, which implemented, among other improvements, the use of arbitration in direct and indirect public administration. The changes to the aforementioned law brought great advances, expanding its applicability to various activities or matters, which provided Brazilian society with more options for quickly resolving conflicts. In this context, through bibliographical and documentary research, the objective of this paper is to present the main bills that expand the use of arbitration, and thus demonstrate the need to update Brazilian arbitration law, which could become one of the most modern of the world. The bills in progress expand the use of the arbitration institute to the most diverse activities, from private law to public law, including conflicts related to family law, consumer law and tax relations. Therefore, the approval of these projects by the National Congress is urgent, as Brazilian society needs alternative means to resolve the most varied controversies.