A (in)compatibilidade da arbitragem com o regime de tratamento das decisões conflitantes no processo civil brasileiro

Abstract

The present work aims to verify the compatibility of arbitration with the treatment of conflicting decisions in the Brazilian civil process. For such, it focused on the procedural mechanisms used in lawsuits for the prevention and repression of said decisions, such as lis pendens, connection, suspension for priority and rescission action. From this, certain elements and particularities of the arbitration procedure were analyzed, which impose the need to elaborate a specific treatment of conflicting arbitral decisions. Therefore, it was possible to conclude that, despite the importation by arbitration of certain concepts, techniques and procedural principles, the arbitration system’s confrontation of the issue of conflicting decisions and, consequently, of the limits imposed by legal certainty, happen in a distinct way and is directed to the satisfaction of different interests. This is due to the fact that, while the Judiciary imposes the duty to safeguard, through its decisions, the consistency of the legal interest as a whole and the harmonization of the judgments, in arbitration, the solution of the dispute, with the pronunciation the decision intends meeting the interests of the parties in order to render effective, even if it results from a conflicting of decisions.