Redesenhando o interesse público: do litígio ao consenso na Administração Pública

Abstract

Public Administration has been looking for a new way of moving forward, replacing litigation in courts with consensus, through an agreement between the parties. Therefore, the implementation of measures to carry out self-composition should no longer consider that traditional, hierarchical and absolute Public Administration, but the one that has been changing over time. Now more open and negotiating, it encourages good administration as well as popular participation, allowing that decisions are built together, through consensus. In this respect, the introduction of administrative chambers for the resolution of disputes, offering a connection between entities and authorities, represents a decisive factor for the achievement of both consensus, and social peace. This study brings effective contributions to improve the accomplishment of effective agreements within the administrative chambers, seeking to restore the trust of the individual and the search for proactive action by the public administration. Besides highlighting the prohibition of adversarial conduct by the government, it questions whether the agreements reached are immutable or whether they will be able to allow new negotiations. Finally, it draws attention to the direct negotiation carried out through a registered warrant.