In dubio pro declarare

a possível intervenção penal na arbitragem

Abstract

This article discusses potential criminal intervention in arbitration, analyzing the arbitrator’s duty of disclosure in light of impartiality and suspicion. It begins with the premise that, although arbitration is an autonomous means of dispute resolution, the arbitrator, considered a public official for criminal purposes, must observe responsibilities similar to those of a state judge. The text proposes the concept of “shared suspicion,” according to which the duty of disclosure should be exercised not only by the arbitrator’s individual conscience but also by the parties’ perceptions. It also highlights the relevance of soft law in filling regulatory gaps, although its use in the criminal field requires caution. Finally, it advocates the creation of clear limits for the duty of disclosure, aiming at legal certainty and the protection of arbitrators.