ADMINISTRATIVE ARBITRATION AS AN EXPRESSION OF PROCEDURAL DEMOCRACY

Abstract

The purpose of this article is to bring an analytical and bibliographic approach to Arbitration in the context of Public Administration in the light of LINDB, given the applicability of that institute within the scope of public administration, and the insertion of some provisions to LINDB in this sense. Questioning, for example, if Arbitration in Public Administration is in line with what is advocated in LINDB. Likewise, we seek to analyze whether administrative arbitration translates into a procedural-democratic tool in the manner idealized by Jürgen Habermas To answer such speculations, an applied, analytical and bibliographical methodology is used, justified by the need to strengthen the debate regarding the possibility of a more incisive application of arbitration in the public sphere, in order to provide greater legitimacy to the decisions adopted by the public authorities.