Lógica, sistema e isonomia: aplicabilidade da vinculação dos precedentes às arbitragens de dimensão pública

Abstract

This research aims to study the application of the legal doctrine of binding precedent to arbitrations specially those ones with a public nature. For this purpose, it seeks to outline the history of judicial precedent in Anglo-American systems, to extract universal categories related to case law as a legal source in western tradition. By demonstrating that every form of legal dispute resolution is inherently linked to ideas of logic, system, integrity, and equal justice, it is asserted that an arbitral tribunal must consider prior decisions relevant to the legal issue at hand. Failure to do so risks neglecting the proper evaluation of legal sources and the decision-making tradition that wields the legal concepts appliable. This issue becomes even more relevant in what this study refers to as arbitrations of a public dimension, that is, non-confidential proceedings with multiple parties or with the government, which tend to require isonomic treatment among various parties subject to the ruling.