Efeitos processuais da convenção de arbitragem

Abstract

The present mastership dissertation deals with a theoretical research about the procedural effects - negative (neutralization of the state judgment) and positive (submission to the arbitrational judgment) from the compromissory clause "lato sensu" - empty or full - and of the commitment, basic point to the revitalization and credibility of the institute of the arbitration in our country, that, with the advent from the Law number 9.307/96, earned new arrangement. Normative instrument attributes full autonomy to the convention of arbitration, freeing it of the main contract stablished between the parts in consequence of its conventional legal nature. The repercussions of the positive and negative efficacy of the covenant arbitral in the procedural scope are desired and perceptible in the system, as its seen in the article 8°, unique paragraph, of Larb, and in the arrangements of the articles 267, Vll, 301, IX and 584, VI, all from CPC. After long doctrinary analysis (foreigner and national) and jurisprudence that are being formed about the subject, it was evidenced that the efficacy of the arbitrational convention in the contract works in different ways, as the training of the arbitration convention, giving notice to the procedural figures: however the exception of the arbitration convention, however the lack of a procedural estimated of negative validity (Litispendency or "conexity"). Some particularities must be observed when dealing with the matter of the efficacy from the compromissory clause "lato sensu" in the adhesion contract, so it's important to verify these effects in differentiated ways in the consumption relations, civil and commercial, the two last following the same legal treatment. Finally, for a better coherence of the system on account of the conclusions pluck in the present work, it's considered the alteration of the paragraph 4°, article 301, of the CPC, so that is made possible to usual judgment the decree "ex officio" of litispendency or of "conexity"