The (in)existence of legal aid in the administrative arbitration: the right of access jurisdictional effective trusteeship? | 2014

Author(s) Ana Cristina Castro Felgueiras Preto
Advisor(s) Isabel Celeste M. Fonseca 
Year 2014

Synopsis The (In)existence of Legal Aid in the Administrative Arbitration: the Right of Access Jurisdictional Effective Trusteeship? This work comes down to the realization that the phenomenon of lessening of the jurisdiction in justice, operated by ADR, and in particular the administrative arbitration, is suggested as a factor of numerous advantages. Arbitration is a legal means of dispute resolution, with a millenary existence and that, currently, it is assumed as an extension mechanism, we believe that it is a reality in the future, however, still imperfect and some disputes that have raised controversy. Arbitral courts have a mixed legal nature, as born of a meeting of the minds, but exercising a judicial function, are no sovereign bodies, however have constitutional dignity, administering justice on behalf of the people. Beyond the constitutional dignity that is inherent, arbitration combined with other alternative modes of dispute resolution, can be an instrument of great value. Some even argue that certain conflicts seem especially geared for arbitration solutions kind, including for procurement and management responsibility, disputes markedly technique and even cases in the exercise of discretionary powers of nature management. Nevertheless, it is reiterated that there is a need that arbitration based by purely economic factors, but giving it the necessary legislative basis for the activity developed in the arbitration has the same dignity that the state courts. Despite these considerations, our study aims to deepen the absence of the institute of legal aid for access to arbitral courts, questioning us about a possible violation of the right of access and the right to effective judicial protection, enshrined in art.20 of the ECHR and the case law of the ECtHR densified. The study we have conducted inevitably passes through the case law of our legal system, pointing to the TC case. In the right time, we will try to answer the question, if in fact, “(In)existence of Legal Aid Administrative Arbitration: the Right of Access Jurisdictional Effective Trsteeship?” Without prejudice to propose some solutions to the gap that seems to exist.

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2018-02-07T11:14:18+00:00