Mediação de conflitos entre o cidadão e a administração pública sob a ótica do ordenamento jurídico hodierno

Abstract

This study aims to analyze the usage of conflict mediation as a self-composting procedure to solve demands which feature the Brazilian Public administration as litigants. Firstly, a conceptual and descriptive approach regarding mediation and the way it makes itself present in the national judicial system, it's characteristics, principles, and applicability before the Public Administration, has been used. In addition, the relation between conflict mediation and compliance with this consensual method within the Federal Constitution and the prerogatives of supremacy and unavailability for the public interest was asserted. Also, the theme of the right to a good public administration is approached, analyzing the mediation tool in a context of paradigm changes on the performance of the administration, disserting about the instrument of efficiency, as well as about managing public administration decisions. It has also been the theme of approach, harmlessly, the conjuncture of unilateral decisions that permeate the State activity, moreover the culture of proximity between citizens and the Public Power in the nowadays juridic system. Lastly, specific aspects related to conflict mediation concerning the Public administration were taken into consideration, guiding the discussion based on the Law 13.140/15 and the Civil Process Code (Law 13.105/15). The monography concludes by affirming the practicability of the consensual pratic on the public sphere and the necessity of joint action by the Public Power and society to construct a culture of consensuality and social peace.