Consensualismo no Tribunal de Contas: instrumento de parceria para o alcance da efetividade administrativa

Abstract

This study aims to investigate deep into the development of consensual conflict resolution and its results in the Courts of Auditors, especially in the Court of Auditors of the State of Minas Gerais. Consensualism emerged as an instrument for resolving conflicts and for more efficient public management as a result of the changes that took place at the end of the 20th century, the overcoming of the paradigm of the supremacy of the public interest and the unavailability of the public interest by the Public Administration. In the new Public Administration, consensualism has been consolidated as an alternative method of resolving disputes, with the main milestones being the Terms of Management Adjustment and the Technical Tables, mechanisms that have been adopted in the courts to resolve issues involving public management, through prevention, dialog, efficiency and economic actions. The research seeks to contribute to the implementation of conflict resolution mechanisms in the Audit Courts in processes that require greater dialog and adjustments between the parties, as well as in the formulation of more effective public policies and guaranteeing compliance with the public interest and improving good practices in consensuality. The work is based on a descriptive approach of doctrinal and legal research, of a qualitative nature, with the collection and analysis of data such as legislation and other sources of studies already carried out on the subject. In the end, the study aims to demonstrate that the new model of consensual administration proves to be an instrument for resolving conflicts in the courts more quickly and efficiently, replacing control methods and punitive and sanctioning decisions.