A consensualidade na administração pública e acordos substitutivos no processo administrativo sancionador

Abstract

This study aims to analyze the consensus in the Public Administration and the substitute agreements in the sanctioning administrative process. The research is qualitative, descriptive and bibliographic. Initially, the traditional concept of the supremacy of the public interest is presented, and then the elements that corroborated its resignification within the scope of Administrative Law are highlighted. The general aspects of Sanctioning Administrative Law are highlighted and the emergence of the notion of administrative consensuality is related to the evolution that the notion of supremacy of the public interest has undergone. The distinction between the institutes of governance, governance and accountability is presented. The relevance of the principle of administrative legality is highlighted. In the end, the notion of administrative process, the guiding principles and the legitimacy of substitute agreements in the sanctioning administrative process are verified. It appears that the notion of administrative consensuality and, consequently, the establishment of substitutive administrative agreements, within the scope of the administrative sanctioning process, is fully possible and follows exactly from all the evolution that the Public Administration has undergone over time. Therefore, there is no need to talk about a violation of the principle of the supremacy of the public interest, let alone its availability when seeking negotiated solutions. These, in fact, corroborate for the greater efficiency of the Public Administration and allow the effective resolution of conflicts.