A Arbitrabilidade Da Sanção Administrativa

Abstract

Arbitration as a method to resolve disputes involving the public entities still brings some tension to the public administrators, to the contracting private companies and even to the Judiciary branch and public comptrollers, such as the Courts of Audit. The academic tradition over the State´s regulatory powers and public interests makes it harder to accept settlements and bargains between public and private agents, specifically with respect to administrative penalties. This article tries to present arguments to support the possibility that pecuniary administrative penalties do represent disposable rights, and thus may be subject to arbitration.