Choice of the arbitrator in the termination of administrative conflicts: limits and possibilities of a public lawyer's performance

被引:0
|
作者
das Neves, Cleuler Barbosa [1 ]
Ferreira Filho, Marcilio da Silva [2 ]
机构
[1] Univ Fed Goias, Grad Especializacao Lato Sensu & Quadros, Programa Mestrado Profiss Direito & Polit Publ, Goiania, Go, Brazil
[2] Ctr Univ Brasilia, UniCEUB, Brasilia, DF, Brazil
关键词
Administrative conflicts; Alternative means; Arbitration; Referee; Public lawyer;
D O I
10.21056/aec.v18i71.587
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article is intended to analyze the legal outlines of the arbitrator's choice in arbitration proceedings that have at one of the controversy's poles the Public Administration. As a specific problem, it is intended to analyze the limits and possibilities of the public lawyer's performance in arbitration involving the Public Administration, inquiring about the possibility of his appointment as arbitrator in face of the principles of private autonomy and impartiality. The study's objective is to analyze the feasibility of creating arbitration chambers composed of public lawyers (municipal, state and federal attorneys etc.) who do not represent the state entity specifically in the case. The theme is relevant, since the multiport system presented by the new process has been adapted to the use by the public administration, but still faces specific problems for its viability, which deserve the due deepening.
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页码:167 / 195
页数:29
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