PUBLIC ADMINISTRATION AND ARBITRATION: ANALYSIS OF DECREE NO. 64.356/2019 OF THE STATE OF SÃO PAULO

Abstract

Arbitration, linked to the private sector, is being increasingly used by public administration as a means of resolving conflicts. This approach offers an effective alternative to the courts and can be used to resolve contractual disputes or disputes relating to available rights. Bearing in mind that the Public Administration is subject to the principle of legality, it is necessary to have some regulation that better specifies how the method will be used in possible disputes. In the case of the State of São Paulo, Decree 64,356/2019 was responsible for this objective. In the present study, it was proposed to investigate the growing search for alternatives in conflict resolution by the Public Administration with documentary analysis of the relevant state normative device, together with the bibliographic methodology, in order to add to the legislative analysis. This study sought to deepen the understanding of the guidelines that govern the arbitration procedure, highlighting the urgency in rethinking and reformulating traditional justice paradigms as a justification for choosing this topic. In short, it was concluded that the legislation in São Paulo consistently establishes arbitration as a resource in administrative contracts, with specifications necessary for the development of the procedure in the administrative scope. Despite the multiple legal specifications, doubts persist about aspects such as contractual termination and the possibility of including such disputes in prior arbitration. This ongoing debate is crucial to improving both the understanding and application of arbitration, always aiming to promote justice, efficiency and transparency in conflict resolution processes.