Da arbitragem necessária e a sua admissibilidade constitucional

Abstract

The theme of this work is “Necessary Arbitration and its Constitutional Admissibility” and it focuses on the study of necessary arbitration as one of the forms of arbitration that results from a legal imposition and also on the study of its admissibility or conformity with legal-constitutional norms and principles. Using the indirect research method, we address throughout this research the foundations of necessary arbitration and the concept and practical scope of the right of access to justice. We then analyze the legal regime of necessary arbitration and discuss the constitutionality of necessary arbitration. It is in this context that, by way of summary, we pertinently discuss the possibility of necessary arbitration violating the right of access to the courts and the principle of equality, as a form of arbitration imposed by the legislator, thus leading to its unconstitutionality. Last but not least, we make a comparative analysis of the legal regimes and constitutionality of mandatory arbitration in other legal systems