ABSTRACT: A subject that has generated much discussion in legal scholarship is the possibility of the government using arbitration to resolve disputes involving its agreements. Normally, Brazilian administrative law has very rigid rules without much room for flexibility. However, the relationship between public and private sectors has undergone substantial modifications. Increasingly, the private sector is more related in infrastructure and other governmental areas through partnerships to achieve certain economic and social purpose. Thus, the Administrative Law was forced to soften concepts and ways to satisfy both private entrepreneurs and the public interest as well. The arbitration arises as a quick and effective resolution of disputes under an administrative.
Revista Brasileira de Arbitragem