ADMINISTRATIVE CONSENSUSUALISM

Considerations on the Application of Mediation in the Public Administration

Abstract

Nobody is unaware of the crisis scenario of the Judiciary in which we live today in Brasil: the
current state of things matches with an excessive volume of cases and an absence of adequate
procedural mechanisms to resolve them in a timely manner. In this context, it raises a
movement for the implementation of a public policy for the adequate treatment of conflicts in
Brazil. Great hopes are placed on friendly mechanisms for conflict resolution, such as
mediation, what can can facilitate largely the acess of justice. The guarantee of this right
presupposes the provision of adequate means so that society and institutions can be heard in
court and have their legal problems attended to in the most efficient way possible. In this
sense, detecting that there is still great resistance in the use of consensual mechanisms in the
administrative sphere, the objective of this research is to announce that such opposition is
unfounded, and not in line with the premises of modern administrative doctrine or even with
the true notion of interest public. In addition, an initial debate will also be presented on the fact that the use of adequate methods of dispute resolution by the Public Administration
provides a way supported by law that can be extremely important to ensure efficiency and
facilitate access to justice, what cannot have its potential neglected by those subjects of Public
Administration. In the context of the debate about the conflicting contexts involving the
Public Administration, there is no doubt that mediation emerges as an option that can save
money and time, in addition to the dispensability of state paternalism, if compared to the
option for sentencing.