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The scope of this work is to examine the advantages and disadvantages of the adoption of the arbitration procedure regarding the controversies involving the Public Power, as well as to understand the satisfaction of the rules and principles proper to the Public Law regime, specifically under the focus of the principle of publicity, adapting such specificities to the institute of arbitration, under the terms of Law No. 9307/1996, recently amended by Law No. 13129/2015. The theme was explored from the verification of the need of evolution and development of the institute of arbitration in the event the Public Administration litigate as a party, without hindering its main characteristics.