Arbitragem e a Justiça: Passagem da Justiça aristotélica para a Justiça kantiana

In the advent of a new arbitration’s law in 1996, the possibility of seeing the application of kant´s justice concept, which is based on liberty, in place of the Aristotle’s justice passageway, which is founded in equality originated from the put law, is raised. Will it really be possible for us to think of a judgment in which the judge can go beyond the legal relation placed before him and visualize the real situation of the parts, their intentions while submitting to a contract, and the reasons that generate the conflict, to judge in the sense of ensuring the guarantee and the personality’s development of the parts?