A influência da súmula persuasiva e vinculante dos tribunais superiores brasileiros na arbitragem

Abstract

The precedent institute is the theme on which this presentation is based especially in regards to the persuasive and binding authority issued by Brazilian Superior Courts. The aim is to verify the influence of those important judicial tools on the arbitral process whether carried out in Brazil or abroad as long as the Brazilian rule of law had been chosen by the parties as the applicable law for the matters related to the discussed material right. In pursuit of such purpose and as methodological support the deductive approach and the bibliographic research were adopted. Along the chapters comprising this abstract the arbitration institute and the choice of the applicable law are discussed whilst the persuasive and binding authority and the effects of their violation on the legal process are analyzed. Finally, among other aspects it is investigated the consequences of the non-observance of the precedents. In conclusion, it is defended the idea that the arbitration is a process in which jurisdiction is exercised thus the binding precedent must be observed. Moreover, in case there is noncompliance, a complaint falls within the scope of the Supreme Court maintain its binding precedent and, in some cases, an annulment action or even the non-feasibility of the approval of the foreign arbitral award based on Brazilian Law