Instrumentalização e (des)vantagens da mediação extrajudicial contextualizada na administração pública estadual e municipal

Abstract

Mediation is playing an important role in the face of conflict resolution. Currently the judiciary is full of cases, the current moment demonstrates the need to rethink the administration of justice, proposing new ways of responding to deal effectively and quickly with litigations that multiply daily in society. In this sense, it was proposed and studied the use of mediation in the resolution of conflicts involving public administration and what are the (dis) advantages of using this consensual method. It is based on the hypothesis that it is possible to apply mediation in the treatment of conflicts, however, for satisfactory instrumentalization it is essential to verify the particularities and principles of both mediation and public administration. In line with the research and hypothesis problem, the general objective is to analyze what are the (dis) advantages of using mediation from the perspective of instrumentalization by direct public administration, especially at the state and municipal levels. Then, the specific objectives propose to: analyze the origin, the understanding of the conflict and how it has repercussions within the democratic society of law, examining the ways of dealing with these conflicts and how access to justice occurs; verify the application and instrumentalization of mediation conducted within the scope of public administration, in addition to the existing legislation, rules, definitions of mediators and the progress of the mediation process; investigate the principles that govern public administration and mediation, assimilating the balance between them, and demonstrate a factual case of exemplifying the adoption of mediation used by public administration. Thus, in order to fulfill what was proposed in this research, the method used was the inductive one, with bibliographic, monographic, doctrinal and legislative research. The result of the research indicates that mediation instrumentalized by direct public administration at the state and municipal levels, both among themselves and with private individuals, is fully possible, since it constitutes an adequate means for forwarding a conciliatory and dialogical justice, rescuing bonds, collaborating for the balance and social pacification within the democratic society of law and justice.