Net user: - I go to "Universidade de Caxias do Sul",( Canela University Cener ) in Rio Grande do Sul and would like to make a research about TASP. If you could please answer me, I will mention this in my assignment, and then, send a copy to you. Thanks for the cooperation: 1- What is TASP`s opinion about the constitutionality of the legal disposition article 5, Constitution of 1988? 2- In your opinion isn't the lack of qualification of the judge according to Arbitration law a negative factor which makes it more difficult to end conflicts in justice? 3- The non-existence of a 2nd degree jurisdiction works against the constitution? Comment on this. 4- Notwithstanding who are the parties, don't you think that Arbitrational law deviates conflicts from the Judiciary system and goes against the 1988 Constitution?
R: TASP : Dear Sir. Arbitration is in no way unconstitutional. Not talking about law 9.307/96, the institute has always been stated, what happens in our law since the constitution of 1824. Your point of view regarding the unconstitutionality of the law is interesting, even though I do not know your reasons, because as you may know Arbitration is practiced world wide with great results to keep the order in society when talking about the nature of property. We make society a peacefuller place thanks to the use of Arbitration law since 1988, our results are excellent and helpful for everybody. At last, only as a matter to think about, we would like to mention that today everybody trusts most of social an economic matters to private hands, without much thinking about it. E.g.: - We trust our health to private doctors and hospitals, education of our children likewise, even though, there are public schools, doctors and hospitals. The reasons we do so are numerous and they are not very different from these which would justify the usage of a private professional to solve some of the disagreements that happen in society. To me, there doesn't seem to exist anything absurd or unconstitutional in using such services as Arbitration. Best regards - TASP.
