Mecanismos de solução alternativa de conflitos: o processo arbitral e o poder judiciário

Revista Interdisciplinar de Direito

关键词: Access to justice;    dispute resolution;    arbitration;    arbitral award;   

DOI  :  

来源: DOAJ

【 摘 要 】

The lack of access to justice is decreased citizenship factor, generating unease, and therefore has sought to extend the incidence of eff ective application of the law in court and out of court, in order to guarantee the citizens’ access to justice. The Alternative Means of Dispute Resolution aimed at achieving the eff ectiveness of the law providing citizens with an extrajudicial way to compose their confl icts. Arbitration is a form of confl ict resolution, with wide acceptance, and although used in Brazil, there has been some resistance in the face of entrenched customs search on the Judiciary and culture society of the dispute, even with strong infl uence. It is the parties’ intention, performed by capable people who, not wishing to undergo a lengthy lawsuit choose arbitrators to resolve disputes that deal with rights available. Th e award, act by which the dispute submitted to arbitratation decides, not subject, in general, the resource with a view to re-examine its merits or its grounds, or judicial approval, causing it to have a solution of the controversy a shorter space of time, bringing greater eff ectiveness Access to Justice. On the other hand, and in an exceptional way, it is possible that a party could seek recognition by the judiciary of the nullity of the sentence, when checking the absence of some essential formal requirement.

【 授权许可】

Unknown