A vinculação dos tribunais arbitrais ao sistema de precedentes judiciais do ordenamento jurídico processual brasileiro: autonomia decisória ou submissão sistemática?

Abstract

This research is dedicated to the analysis of arbitration in Brazil from the perspective of the possible linkage of arbitration courts to the system of judicial precedents of the Brazilian legal system, aiming to verify whether this linkage occurs and what framework would support it, being of unique importance to guarantee dear principles to the legal system, such as, for example, legal certainty, so that there is predictability in decisions and an organic and harmonious functioning of the entire legal system. To this end, bibliographical research was used, dealing with the linked premises in an explanatory way to reach the conclusion, using a typically inductive approach. As a result of the research, it appears that the link is unequivocal, as with the advent of the insertion of article 927 of the Code of Civil Procedure of 2015 and Constitutional Amendment 45 of 2004, the precedents were expressly placed in the legislation, leaving no doubts regarding its strength as a source of law and the duty to at least observe it to judge cases. This work does not intend to exhaust the topic, limiting itself to concluding about the connection of the arbitration court to the system of precedents and pointing out the basis for such a conclusion, since decisions, even if handed down outside the state judicial structure, need to remain cohesive with the interpretation given to substantive law by higher judicial bodies, since the substantive law chosen to resolve the dispute is Brazilian, so that, in this way, greater legal certainty, decision-making predictability and stability in relationships are maintained.