A arbitragem como política pública de acesso à justiça qualificada a partir da Lei nº 13.129/2015 e o princípio da cooperação.

Abstract

With the intention of improving access to justice, and to have a faster and more effective justice in Brazil, the Law of Arbitration No. 9,307 / 1196 was amended to Law No. 13,129 / 2015 and together with the amendment of the Civil Procedure Code Law No. 13 .105 / 2015, Article 6 of the Constitution created cooperation between all the parties to the proceedings, including the arbitrator and the judge. According to this context, the research topic includes arbitration as a public policy of access to justice qualified by the principle of cooperation between judge and arbitrator, provided for in Article 22-C of the Arbitration Charter of the Arbitration Law and Articles 68 and 69 of the Code of Brazilian Civil Procedure. Based on this contextualization, the question is: Why and how the principle of cooperation between the arbitrator and the judge, established in the Arbitration Law (Law No. 9,307 / 1996) and the Brazilian Civil Procedure Code (Law 13.105 / 2015) , can make effective the arbitral public policy of access to justice ?. The working hypothesis is that, as in the Brazilian Civil Procedure Code (Law no. 13.105 / 2015) and in the amendment of Law 13,129 / 2015, it is possible to cooperate between the arbitrator and the judge, as provided in articles 68 and 69 of the Code of Civil Procedure, together with Article 22-C of the Arbitral Charter of Law No. 9,307 / 1996, thus enabling an effective public policy of access to justice. In line with the research problem and hypothesis, there is the general objective of investigating the principle of cooperation between the arbitrator and the judge, set forth in the Arbitration Law (Law 9307/1996) and the Brazilian Civil Procedure Code (Law no. 13.105 / 2015), as a means of rendering effective the public arbitration policy of access to justice. As a result of the main objective, the following specific objectives were elaborated: a) to analyze the arbitration as public policy of access to justice; b) understand how the Arbitration Law (Law No. 9,307 / 1996) was created, making a historical approach to the Law and its amendments; and c) to study how the cooperation between arbitrator and judge is carried out by ascertaining the principles of arbitration with emphasis on the principle of cooperation. This study is part of the research line of "Public Policies for Social Inclusion", since it is intended to discuss the principle of cooperation between the arbitrator and the judge, established in the Arbitration Law (Law No. 9,307 / 1996) and in the Brazilian Code of Civil Procedure (Law 13,105 / 2015), as a means of rendering effective the public arbitration policy of access to justice. Having said that, the research topic is adequate to the researcher's line of research, Post-Doctoral Professor in Fabiana Marion Spengler, who currently teaches the discipline of "Public Policies in the Treatment of Conflicts" and also acts as the leader of the research group "Public Policies in the Treatment of Conflicts". In both (discipline and research group) the arbitration is object of study. Thus, in the expectation of complying with the research proposal, the method of deductive approach, the monographic procedure methods, was used. And, regarding the techniques of research, the indirect documentation was used. The result of the research indicates that it is possible the cooperation between the referee and the judge as provided in the Brazilian Civil Code and Procedure and the Arbitration Law.