Sistema de justiça multiportas nos contratos administrativos: a relevância dos acordos para a efetivação do direito fundamental de acesso à justiça

Abstract

In the proposed research, the author aims at analyzing the importance of the multidoor system of dispute resolution – mediation, conciliation, dispute boards and arbitration – through administrative agreements, for the enforcement of the right of access to justice, in administrative contracts, as provided in the articles 138, 151 and 153, Law 14.133 of 2021. This means understanding that, for the consolidation of administrative agreements, as a result of the multi-door system in administrative contracts, it must be guaranteed a procedure, motivation, and a deference to a government interpretation by the government controls. From another perspective, it is necessary to pay attention to the relevant role of control, with regard to the “twisting-arm effect” in administrative agreements.