Dos meios consensuais de resolução de conflitos: viabilidade jurídica frente às controvérsias de interesse público

Abstract

This research aims to demystify the rigidity surrounding conflicts of public interest, and to verify the existence of legal plausibility and viability, that would allow Public Administration to conclude agreements, whether administratively or judicially, adopting a posture of consensualism in light of the “rule” of the unavailability of public interest, and its eventual (in)transactability. This research sought to analyze classic elements of administrative law, which have been reinterpreted in recent years, as well as the principles of the supremacy of public law over private law, and the principle of legality, given the need to improve the democratic Rule of Law, as well as guaranteed access to justice, both of which were subjects of this study. Furthermore, this research aims to demonstrate how this policy has been implemented, demonstrating limits being broken, and new limits being stipulated, ones which had been insurmountable to stately activities in light of demands of public interest, which the administration was constantly faced with. The methodology of judicial hermeneutics was utilized in order to interpret the norms governing this theme, through a doctrinal analysis, general elements of the Law, and an analysis of how the theme has been approached in practice, using deductive reasoning.