Banca de DEFESA: MILTON FREIRE GONDIM FILHO
Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.DISCENTE : MILTON FREIRE GONDIM FILHO
DATA : 26/07/2019
HORA: 10:30
LOCAL: UFRN - AUDITÓRIO DO NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:
ARBITRATION IN LIMITED COMPANIES: THE ADVANCE OF LIBERTY AS AN INSTRUMENT OF THE EFFECTIVENESS OF JUSTICE.
PALAVRAS-CHAVES:
Arbitration. Constitutional principles. Limited company. Principle of freedom and autonomy.
PÁGINAS: 143
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:
Arbitration is an institute of conflict resolution that acquires more and more jurisdictional characteristics and can be used alternatively to the Judiciary, since this does not appear as the most adapted to settle disputes from certain fields. It is a way to pacify conflicts, to have access to justice based on freedom and, according to the multi-door system, is the most appropriate method for the commercial and business sector. It may be instituted in the form of an arbitral commitment or an arbitration clause, which is the type of arbitration agreement whereby the parties undertake to submit disputes of an available nature to arbitration, characterized by a better planning of procedures, since no yet conflict exists when at the agreement is drawn up. Once that the limited company arises through the convergence of wills as well as the arbitration clause, its use is more adequate to it, mainly because it disseminates the practice of coexistential justice: that which seeks to prevent the advent of conflicts. Where such prevention is not possible, the proceedings and the arbitration award tend to better dispel tensions and extra-procedural disputes by understanding that the results were obtained in accordance with the expression of a free will. It seeks to demonstrate how the arbitration is used and legitimized in the national business context of limited companies according to the parameter of the constitutional principles inherent to the arbitration. Among them, due process is highlighted and, mainly, the freedom and autonomy, both as a rational genesis of the dignity of the human person and as an instrument for effective justice.
MEMBROS DA BANCA:
Presidente - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Interna - 1753603 - PATRICIA BORBA VILAR GUIMARAES
Externo à Instituição - LEONARDO OLIVEIRA FREIRE - F.M.Nassau