Execução pelo juízo arbitral: uma realidade possível?

Abstract

According to the doctrine and jurisprudence the enforcement of an extrajudicial instrument containing an arbitration clause must be processed only before the Judiciary Court. At the same time, once an arbitral award is rendered, and in the absence of spontaneous fulfillment of the obligation by the losing party, the dominant position provides that the enforcement of the award must be processed before the Judiciary at the request of the Claimant. These understandings are based on the premise that arbitrators would lack coercive powers to compel acts of constriction. In parallel, the topic related to the possibility of conducting civil enforcement outside the exclusive scope of the Judiciary has been gaining prominence in academic debates and in the legislative environment itself – see Bill No. 6,204/19 – that it is already being consolidated in a movement to dejudicialize civil enforcement. Furthermore, the concept of Multi-Door Justice and the reinterpretation of the concept of jurisdiction are gaining ground. It is within this context that this dissertation aims to explore if there is a legal or constitutional basis to avoid the possibility of processing the execution of an extrajudicial instrument containing an arbitration clause in the arbitral sphere and the forced compliance of arbitral awards also before private jurisdiction.