A dança na educação física escolar: reflexões sobre identidade, inclusão e desempenho acadêmico

Abstract

Introduction: Introductory, we will address how arbitration presents itself in the legal sphere through a means of quick solution for judicial provision, where the citizen seeks practical and fair answers in the legal system, which has a broad character that covers particular relationships, mainly in the context of international and commercial, it directs the parties involved to a practical and quick solution, avoiding the progression of the problem and promoting the effectiveness of citizenship when it comes to satisfying the result. Through arbitration, the parties were offered a means of resolving their conflicts, arising from private law relations to an arbitration court, which in its composition there is only one arbitrator or in the majority one of them is chosen by the parties or appointed by an entity. The legal institution of arbitration is regulated in Law No. 9,307/96, which introduced new principles into the national system. Thus, arbitration established in Brazil reduces bureaucracy and facilitates access to justice in conjunction with conflict resolution, playing a role of great importance in society. Objective: The objective of the research aims precisely to demonstrate that among conflict resolutions, arbitration is one of the most efficient mechanisms for accessing justice. Methodology: The methodology used was qualitative, it concerns aspects of reality that cannot be quantified, comprising the explanation of the dynamics of social relations, using the type of basic nature. Results and discussions: In accordance with the topic explored, it is discussed that Brazil is currently experiencing an expansion in terms of arbitration, since it is natural for the parties to look for alternative means to resolve their disputes. When choosing this arbitration method, the parties benefit from several advantages, such as speed in the final decision on the merits; confidentiality of information, expertise of judges, flexibility and formality. The prediction of the resolution of the conflict through arbitration is a result of some factors: the choice of arbitrators by the parties themselves or delegated to some entity to make the choice; the definition of the procedural rules that must be adopted; established deadline of up to six months for the sentence to be handed down. The consequence is that the average duration of the arbitration procedure is shorter than the duration of the state process. The availability of arbitrators contributes to a quick conclusion of the arbitration procedure. Final considerations: In this way, arbitration is simpler than the judicial process, especially when it comes to access to justice, meaning that in arbitration the resolution of conflicts is based on the absence of solemn forms. It can be concluded that arbitration is an extremely important institution for distributing access to justice, which in recent years has expanded in an extraordinary way throughout the world, especially in Brazil. Arbitration ensures that the citizen is enshrined in the administration of justice and has access to it, a means of promoting the rule of law, through the implementation of justice. Given the delay in providing services from the Judiciary, it is of great value to adopt arbitration.