Fazenda Pública e a advocacia colaborativa: perspectivas sob a ótica da efetividade do processo e da consensualidade

Abstract

Human relationships are not always peaceful. In fact, the conflict of interests between individuals in society is part of human daily life, which invariably can may lead to a lawsuit, especially when the parties are unable to reach an agreement. In this sense, a social phenomenon that occurs in Brazil is noticeable, called unbridled litigation, which results in an overload of the Judiciary Power in solving conflicts that are submitted to it. The Public Treasury, commonly, is at one of the poles of the demands triggered by the Judiciary, which is why it is necessary to think, before the total collapse of the system, about adequate mechanisms for resolving conflicts, as well as a more ethical and collaborative action in the legal proceedings in which she is a party. In this line, it is noteworthy that the so-called collaborative process is in vogue, whose scope is to unite the parties, so that, together forming a working community, with the adversary system strengthened, they act in the most laborious way possible to reach the intended result: jurisdictional protection. However, this collaboration should not be limited only to the judicial field, but a change in culture is necessarily necessary, so that this collaborative action is manifested in the extrajudicial way, with the aim of ensuring the effectiveness of the process is preserved. Thus, the objective of this work is to analyze possible perspectives for Brazilian collaborative law, having as object a preliminary study of what is adopted in practice by the Federal General Counsel, identifying how it is possible to reconcile the consensus and cooperation with the principles provided for in article 37 of the Constitution of the Republic.