THE THE ASSURANCE OF EFFECTIVENESS IN THE EXECUTION PHASE OF THE FOREIGN ARBITRAL DECISION PROLATE IN FACE OF THE PUBLIC ENTITY
This estudy analyzes the effectiveness of the enforcement of foreign arbitration awards unfavorable public entity. The objective is to verify the adequacy of the precatorio system for the enforcement of foreign arbitral decision and whether the adoption of such system is in harmony with the standard...
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| Formato: | Online |
| Idioma: | Português |
| Publicado em: |
TJDFT
2024
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| Acesso em linha: | https://revistajuridica.tjdft.jus.br/rdj/article/view/984 |
| Resumo: | This estudy analyzes the effectiveness of the enforcement of foreign arbitration awards unfavorable public entity. The objective is to verify the adequacy of the precatorio system for the enforcement of foreign arbitral decision and whether the adoption of such system is in harmony with the standard adopted internationally. It is argued the relevance of arbitration as a way to attract foreign private investmentad and the need to adequacy the Brazilian legislation to international standards. It is emphasized that private capital is essential to overcome difficulties in the area of infrastructure. It is defended that the adoption of the precatório for the payment of foreign awards should be evaluated in the light of effectiveness, observing the constitutional principles of isonomy, impersonality and budgetary legality. In addition, the legal system must be improved so that compliance with the award does not represent an obstacle to the use of arbitration by the Public Administration. |
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| ISSN: | 2675-9640 |
| DOI: | 10.22477/rdj.v115i00.984 |