Decisões arbitrais na arbitragem interna: decisões interlocutórias e sentenças arbitrais

Abstract

The purpose of this study is to demonstrate the indispensability of arbitration in our system as a safe and ethical resolution of conflict and that serves the purpose outlined by the democratic state as the realization of the constitutional principle of access to justice - an expression of existential minimum instrumental integrating the core principle of human dignity - which can be optimized with the confirmation of a judicial nature of arbitration before the realization of your magnum scope of social peace and inhibition of unwanted autotutela. Thus, it is appropriate to use several concepts derived from general theory of the case already ingrained in our legal culture and revitalized as the constitution, fundamental approach to immunization and stability of assignments awards front of state jurisdiction, far, therefore, in this space reflective want "become process" to arbitration, but aware of its peculiarities, not forgetting that the aspiration of those who have chosen this medium is the desire to obtain of protection jurisdictional arbitration effective, timely and fair that the democratic state must respect. This assumption supports the confrontation of theoretical and practical problems still unexplored by the doctrine related to homeland internal negotiations in regard to the arbitration (interlocutory judgments and arbitration awards), such as concept, species, effectiveness, immunization and addictions, as well as logic control system that focuses on them in the inevitable correlation between the arbitration jurisdicition and state jurisdiction, whose proposal to combat this problematic is against the theory of nullity proceedings, with the essential inclusion of procedural acts exist, as, indeed, is adopted by the usual procedural doctrine majority foreign and national level dealing with issues involving authentic provisions jurisdictional linked and categorized according to the dynamics of the proceedings - which requires subjects partial charge, obligations and rights are subject to fair (arbitrator) may / should all with the aim fo providing greater security and stability to the arbitration proceedings, which is important for the credibility of the institution of arbitration revitalized in our country