Efetividade da arbitragem pela aplicação da boa-fé

Abstract

The present work refers to the analysis of the application of good faith in arbitration. In order to achieve the objective of the proposed study, good faith is analyzed based on its classic subjective and objective concepts. It is observed that the jurisprudence of our courts has been based on the principle of procedural good faith as a valid criterion to reject the malicious invocation of procedural rules and the inappropriate behavior of a party, to the detriment of the right to effective judicial protection of the other litigant. This all finds fertile ground in the scope of the arbitral proceeding, in which, with greater reason, the loyal and probing attitude of the parties must be present from the request to initiate the arbitration until the final decision to be rendered in the respective demand. The result of the work is to verify the application of the concept of good faith, but not simply to transplant the referred rule of the Code of Civil Procedure for arbitration, but rather to reaffirm the interaction that must exist – when compatible and coherent – in the same legal order, between different procedural systems