The discussion focuses on a recent decision by the Third Chamber of the Superior Tribunal de Justiça (STJ), which reaffirmed that the state judiciary retains competence to carry out the enforcement of a binding title, even if there is an arbitration clause in the contract and no prior action has been taken by the arbitral tribunal. The reasoning highlighted in the episode explains that the mere existence of an arbitration clause in a contract does not automatically bar the filing of an enforcement action nor justify its suspension without a well-founded request from the interested party to the court. This understanding clarifies that the arbitration clause and judicial enforcement procedures can coexist: arbitration governs the resolution of underlying disputes as agreed by the parties, while the judiciary retains authority to enforce executive titles since only judicial bodies possess the coercive power required for enforcement.
Photo: Dorivan Marinho
