Arbitragem, acesso à justiça e democracia no espaço transnacional

Abstract

Through the present work, we intend to analyze the legal institute of arbitrations, as an instrument for the compliance with the rule of law in the Transnational Rule of Law Space.Beginning from the recognition of the international life regulatory insufficiencies, lost in the theoretical separation between Public International Law and Private International Law, we also understand the deficiencies on the construction of the arbitration institute.As a mean of dispute resolution in the transnational sphere, with a unique nature, arbitration is a crucial tool for the granting of democracy and access to justice, assuring the rule of law in a global scale.In consequence, it is urgent to understand the institute with a larger function; not only as a mean to guaranty the litigant parties interests, but as an institute with an axiological content. Only that way arbitration will grant a democratic equality on justice administration, in a Transnational Rule of Law Space.Finally, and as a way to give practical content to that collective participation on justice administration, we also study some practical consequences related with third party intervention in the litigation.