A administração pública consensual: formas de solução de controvérsias com a administração pública, sua legalidade e eficiência

Abstract

The Public Administration reveals itself as a new face of Public Administration, inaugurated with public governance, inaugurating a new generation of reforms and the State, which seeks a joint administrative action in an effective, transparent and shared way by the State, by companies and by society. civil society, aiming at an innovative solution to social problems and possibilities of sustainable development for the whole society. A theme inserted in the search for public reform and updating of State techniques is the use of methods and negotiation without the scope of administration activities. These activities may involve the participation of public bodies and entities, such as contemplating their interaction with non-state organizations. This work intends to survey consensualism in Public Administration. Making some highlights of its forms of expression and its instruments of action – conciliation and mediation - the work has the main purpose of highlighting the line of evolution and transformation of Public Administration, seeking the greater importance of the Consensualism that they foresee. the Federal Constitution in its article 5, LXXVIII that "the Federal Constitution in its article 5, in the legal and administrative scope, are ensured within a reasonable period of the process and the means that guarantee the celerity of its celerity", which means the processing of the principle of procedural celerity. These forms of consensual negotiation with the aid of media solution and efficiency also the principles of legality of the dispute, binding as to the amicable settlement of the dispute.