O espaço da arbitragem no brasil: Notáveis e experts em busca de reconhecimento

Abstract

This text presents the results of socio-political research on the construction of a field of arbitration in Brazil. The first part focuses on mobilization around legal arbitration as a "political cause" involving lawyers, professor and politicians connected to business associations and liberal institutions, resulting most importantly in the materialization of an institutional framework for arbitrating practices, Law 9307 which was promulgated in 1996. A second dimension focuses on authors and publications on arbitration, indicating the dissemination of ideas and disciplinary specialization that unfolded over the course of the 2000s. In the third part, I look at the place that arbiters occupy in Rio Grande do Sul, researching factors that condition their development. This is qualitative research that privileges several data bases, such as legal, journalistic and academic publications, curriculi vitae and semi-structured interviews. My most significant findings lie in foregrounding the legitimation difficulties that this model of conflict mediation faces vis-à-vis the judicial system, in the case in point.