An analysis of recent decisions on Arbitration and Agreementsinthe Brazilian Court of Accounts

Until recently, there has been a reluctance to apply arbitration and procedures agreements for lawsuits that might confront public interests. However, after the recent Brazilian arbitration law installment, this whole perspective seems to have changed. Hence, the use of arbitration forecasted in the legislative disposals has gained momentum due to the actual legislative proposals for further Brazilian public acquisitions – bidding law -, thus requiring higher competition from both national and foreign companies. However, apart from this opportunity, it remains uncertain whether this current rule has been fully applied, especially whenever nondelegable – irreducible – public interests might be involved. In an attempt to shed light on this issue, this study focuses on the Brazilian Court of Accounts' lawsuits to discover whether a gradual adoption of the new legislative permission has been used regarding alternative solutions methods for litigations. The methodology was exploratory research and critical analysis of Mato Grosso Cout of State Accounts' current procedures. The findings show gradual adoptions of Tags (Terms of Agreements for alternative Conducts) between the public sector and its respective contractors. As a result, the use of TAGs has been providing safeguards for public interests with higher guarantees and within a shorter time.