A aplicabilidade das técnicas especiais obrigatórias da ação civil pública à arbitragem coletiva societária

Abstract

This paper aims to analyze the applicability of special mandatory techniques of public civil action in corporate collective arbitrations and, in this way, assist in structuring the bases of a Brazilian collective arbitration process. In order to analyze the special techniques of public civil action, some assumptions about procedural techniques were studied. Then, an entire analysis was carried out concerning the collective process under the state jurisdiction, specifically studying the procedure of public civil action for collective protection of investors and each of its special mandatory techniques, such as legitimacy ad causam, intervention of the Public Prosecutor's Office in the quality of iuris custos, the intervention of the Brazilian Securities Commission as amicus curiae, publicity of procedural acts and res judicata. Specifically, the functioning of these techniques in the scope of the state process was analyzed and they comprise the essence of the procedure of the public civil action. Next, a brief study was carried out on some aspects of collective arbitration as an adequate means of resolving conflicts involving damages committed in the capital market, with the aim of protecting investors. Thus, it was possible to analyze the compatibility and possibility of applying the special mandatory techniques of public civil action for collective protection of investors in corporate collective arbitration. Finally, based on the analysis of the compatibility of the techniques, it proposes a model of regulation to be used by arbitration chambers, as well as other solutions to improve the institute's legal certainty.