A administração pública na arena consensual: um novo paradigma em busca da efetividade do acesso à justiça

Abstract

The broad theme of this research can be translated into the use by the Public Administration of forms of conflict resolution through self-composition in a judicial and also extrajudicial environment, as a means of guaranteeing effective access to Justice for the individual when in the exercise of the search for fundamental rights, thus breaking with the traditional judicialization of claims and providing a balanced environment of forces, where the State and Citizens establish an interlocution in order to resolve claims in a consensual manner, more quickly and endowed with greater effectiveness. The delimitation of the object, or outline of the theme, is done with the purpose of demonstrating the judicial congestion caused by the predatory way in which the Public Power has been using the Judiciary Power by not answering, or stimulating the judicialization, of any and all requests for services that is presented to you and the impact of this on the concepts of access to justice and effectiveness of the judicial system. Another clipping is developed in order to demonstrate that the use of consensual dispute resolution methods provides cost savings for the Public Administration itself, since the use of the state machine for proposing and monitoring demands in a judicial environment has been shown to be an expensive and inefficient policy, while using self-composition, which, by the way, is already a reality foreseen in the legal system in the case of Public Entities, may offer greater effectiveness and efficiency to the Public Services it provides, obeying, therefore, to the limits contained in the principles that govern Public Administration.