Arbitragem administrativa no ordenamento jurídico Moçambicano

Abstract

The present dissertation with the theme "Administrative Arbitration in the Mozambican Legal System" focuses on the study of arbitration in the discipline of Administrative Law, specifically in the presentation of the notion and the legal regime of administrative arbitration, in the discussion about the material scope of the administrative arbitration jurisdiction. in the Mozambican legal system, in the exposition of the rules governing the constitution and composition of the administrative arbitral tribunal, the principles of the arbitration process and the effects of administrative arbitral awards, and in the explanation of the relationship established between the arbitral jurisdiction and the Mozambican administrative courts in the resolution of conflicts between the Public Administration and the individuals. It was found that according to the law in force, only matters relating to non-contractual civil liability of the Public Administration, to Administrative contracts and to administrative acts with a predominantly economic content, are subject to arbitration. In light of the principle of autonomy of will, the parties are free to define the rules to be observed in the constitution and composition of the arbitral tribunal, observing, however, the fundamental principles that are provided for in the law and the limits imposed by the system of impediments and excuses, under penalty of complying with the appointment of arbitrators made by the President of the TA, without the right to appeal. Arbitral awards have the effect of res judicata and enforceable force equal to the judgments of the administrative jurisdiction, which is also responsible, through the First Section of the TA, to appreciate the appeals of the arbitral awards, being able to repeat the judgment on the merits of the case resulting from the annulment of those awards. The administrative jurisdiction establishes with the arbitration jurisdiction a relationship of control, which includes the powers of the administrative jurisdiction to judge appeals against arbitral awards, enforce arbitration awards and other support relationship between the administrative jurisdiction and the arbitral tribunal with regard to measures of procedural supplementation, the enactment of precautionary measures and the execution of precautionary measures decreed by arbitral tribunals, without neglecting the legal duty of depositing arbitral awards at the TA Secretariat