Arbitration and disputes involving the public administration

Abstract

The present study analyzes the use of arbitration in conflicts involving the public administration, seeking to understand its foundations, benefits and limitations in the context of contemporary administrative law. The research, of a bibliographic and exploratory nature, brought together doctrinal works, scientific articles and institutional documents that address the relationship between arbitration clauses, administrative contracts and constitutional principles. The results showed that arbitration contributes to greater efficiency, predictability and legal certainty, especially in highly complex contracts, such as concessions and public-private partnerships. It was identified, however, that the consolidation of the institute requires specific adaptations, with attention to transparency and social control, in order to make it compatible with the principles of legality, publicity and morality. It was also observed that arbitration strengthens the relationship between State and society, bringing public management closer to modern governance practices. Thus, the research concludes that arbitration is a strategic instrument for the modernization of public administration.