The Brazilian Arbitration and its Constitutionality

In general, one can say that is already common point in the doctrine testify about the constitutionality of the arbitration and its more than reasonable arguments for such understanding.

Although it said has already been declared constitutional by our highest Court (STF), is worth the plunge here truthful consonance of Law 9307/96 with the "Carta Maior", and therefore, the regulatory system patriotic and can ensure that the model of national arbitration is in consonance with the most relevant legal texts in force.

Notably, questions about a possible unconstitutionality of the abovementioned arbitration law came from the prestigious and accurate principle of "access to justice," enshrined in the 1988Brazilian constituent, specifically in art. 5, XXXV, the current Federal Constitution, where it is stated, notoriously that "the law shall not exclude from review by the Judiciary injury or threat to law."

Read the full article in PDF format by clicking the link below.

The Brazilian Arbitration and its Constitutionality