Arbitragem : uma alternativa eficiente para a solução dos litígios

Abstract

This thesis examines arbitration as an effective alternative for resolving disputes in Brazil, highlighting the inefficiencies of the state judicial system, which is marked by delays, excessive formalism, and a lack of specialization. The research begins with a historical analysis of arbitration and its regulation by Law No. 9,307/96, discussing its advantages as a faster, more specialized, and less bureaucratic solution. However, the study also addresses the challenges faced by arbitration in Brazil, such as cultural, economic, and legislative barriers. Among the limitations, the high initial costs, cultural resistance, and lack of understanding of the arbitration process are highlighted as factors that restrict its adoption, especially among smaller businesses. The research suggests that to expand the use of arbitration, legislative and institutional reforms are necessary, along with efforts to overcome cultural barriers. Ultimately, it concludes that arbitration, despite its limitations, represents a viable and efficient solution to alleviate the burden on the judiciary, providing a faster and more specialized response to conflicts.